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VOTERS’ GUIDE 


OR, THE 

POJVER, DUTT^ PRIVILEGES 

OF THE 

Con0titutwttsl Voters 


IN THE 

Commonviealth of Massachusetts, 

TO WHICH ARE ADDED, 

Original remarks, with various cxtraAs from Hifta* 
rians, and the writings and public Speeches of 
eminent political chara(5iers in this and other coun* 
tries, tending to explain the caufes of the Rife and 
Fall of Republican Governments. 

ABIJAH BIGELOW, iSS^ 

JTTORifiT AT I Air, 0/, 

It is in the regions of ignorance that Tyrantyy reigns, 
Eift o/ErankUn* 


LEOMINSTER; 

PgiSTiD BY S. fcf L WILDER. 

—4, <807.— 


District of Massachusetts, to - , 


B E it re IT: r rr; bered, that '6h the 
^^0 twenty it. viith dove f Nc^^.mbcr, in 
the thirty first year of the Iiidc] end- 
cnce of the United States of America, iVBI- 
JAH BIGELOW, of the said district, has 
deposited in this office fhe Title ©f a Book, 
the right whereof he claims as /‘uithor, in the 
word^ following, to wit : “TheVottr’s 
Guide: or the power, duty and privileges 
of the Constitutional Voters in the Common¬ 
wealth of Massachusetts, to Inch are added, 
original remarks with various extracts from 
Historians, and tlie writings and public 
speeches of eminent political characters in 
this and other Countries, tending to explain 
the causes of the rise and fall of Republican 
Governments. BY ABIJAH BIGELOW, 
Attorney at Law. 

It is in the regions of ignorance thatTyranny reigns. 

Life of Franklin, 

In Conformity to the Act of the Congrefs of the 
United States, intitled, “ An Ad for the Encourage¬ 
ment ©f Learning, by fecuring the Copies of Maps, 
Charts and Books, to the Authors and Proprietors of 
lueh Copies, during the Times therein mentioned ; 
and alfo to an A6l intitled, “ An Ad Aipplementa- 
ly to an Aft, intitled, An Aft for the Encourage¬ 
ment of Learning, by fecuring the Copies of Maps, 
Charts and Books, to the Authors and Proprietors of 
fuch Copies during the times therein mentioned ; and 
extending the Benefits thereof to the Arts of De- 
fignlng, Engraving and Etching Plifiorical, and 
©ther Prints.^' 


WILLIAM. $. SHAW j 


Clerk of the Diftri^ 
of MaJfashufetU, 


PREFACE. 


''sm 


Whenever a new work is presented to the 
Public, it is customary for the author to ex¬ 
plain his object, and assign his motives for 
the publication. The former of these, in the 
present instance, will be found in the Intro¬ 
duction to the work. As to the latter, the 
author can only observe, that as one of the 
citizens of the Commonwealth, he is inter, 
csted, in common with his fellow citizens, 
in the preservation of our present free 
and happy form of govcniment; and enter¬ 
taining a hum’ole hope, that the foiimving 
work, by remuiding voters of their power and 
duty, may have a tendency to preserve our 
Elections from corruption, without which, 
though wo may have the name, we cannot 
long be a free people, he has been induced 
to submit it to public ^rusaL 

That it has many imperfections he has no 
doubt. That some of his opinions upon the 
subject of the qualihcations of voters may be 
erroneous, is not improbable. He feels, ho;V- 






^REEACE. 


3V 

ever, conscious, that no part of the work 
contains any thing of a licentious or de¬ 
moralizing nature, and that whatever errors 
or imperfections it contains, ought to be as¬ 
cribed to the head, and not to the heart. He 
will even venture to go farther, and say, that 
the latter part of the work contains sentiments 
and advice, which, if adhered to, will have a 
happy tendency to improve the morals of the 
people, and promote, increase and preserve 
the prosperity of the Commonwealth. Should 
it have this effect, no apology is necessary for 
its publication, should it, however, unfortu¬ 
nately fail of being useful, the author, with 
many others, must draw largely upon the 
Public Candor, and seek for an apology in 
the goodness of his intentions. 

A. mOEhOYL 

Fchruaiy 



CONTENTS. 


Page- 

Introdu<flion, « ^ 

PART 

Of the qualifications necessary to con¬ 
stitute A CIT 12 EN A voter IH THE CHOICE 
OF United States, State, County and 
Town Officers. 

CHAP. I. 

jjll the Citizens of a Republic cannot he entitled to 
vote, the laws which fix and determine who may 
vote, and who not,Jhould he plain,certain and p*Ji» 
the. - • - ♦ iMi 

CHAP. IL 

Of the qualifications necejfary to confiiiute a citizen s- 
voter in the choice of United States Officers. 

Sect. I. Reprefcntatives to Congrefs, - if 

Sect. 2. Remarks on the Qaalifications of Vot¬ 
ers for Reprefentatives to Congrefs, - 29 

Sect. 3. Ele^rs of Prefident and Vice-Prefi- 


dent» - - - - 

CHAP. III. 

Of the qualifications necejfary to con/litute a Citizen 
a voter in the choice of State Oficers. 

Sect. i. Senators and Counfeilors, - 24 

Sect. 2. Reprefentatives to the General Court, 25 
Sect. 3. Governor and Lieutenant-Governor, 

&MCT. 4. Remarks on the qualifications of £- 

ladors of State Officers.. - - 2S 





CONTENTS 


Tl 

CHAP. IV. 

Of the quaUjlcatUns nccejfetry to confitute a citizen d 
voter in the choice of Connty ojficers, 

S£CT. I and 2. Regifter of Deeds and County 

Trcafurcr. - • 55 

CHAP. V. 

SfiCT. I. Of the qualifications mccefTary to cen- 
ftitute a citizen a voter in the choice of 
Town officers, • - 35 

$ECT. 2. Remarks on the qualifications of vot¬ 
ers for Town officers and in Town affairs. 34 


PART IL 

Of THE QlJALiriCATlONf KECESSAS.V TO REH- 
DER CITIZEKS ELIGIBLE TO UnITED 

States, State, Coumty anb Town Of¬ 
ficers, WITH TNB TIME AND MABNER OF 
THEIR Election. 


CHAP. X. 

Of the qualifications of Untied States OjficerSi ^tth 
the time and manner of their EleBion, 

Sect. i. Reprefentatives to Congrefs, - 3C 
Sect. 2.Ele(ffors ofPiefident and Vigc-Prefident. 52 

CHAP. II. 

Of the qualif cations of State officers,with the time and 


manner of their eIe3ion, 

Sect. i. Governor, - - 55 

S'ECT. 2. Lieutenant-Governor, - 55 

Sect. 5. Senators and Counfcllors, - 56 

Sect. 4. Reprefentatives, - - 61 

Sect. 5. Laws regulating Elecllons ot United 

States and State oncers generally. • 65 


CONTENTS. yS 

_ _ cn<'vp. m. 

^ Of ihe q^niyicatf ns of County officers, with thi fimt 
' . ^anii ninfin^r of their ehBion* 

S’^CT. I. K egifter'of Deeds, #^77 

G:iCr» .3, County Treafurcr. - 8 ^ 

■“ * CHAP. IV. 

Of the imporiance of Town OJicers, a generalfketeh 
ofjome p ints of their duty, and the time and 
' manner of their election. 

' £vct. I. The importaRce of Town officers, - 86 

I SiCT. 2. Of the different Town officers, - 90 

SiCT. 3. Of the time and manner ©f choohng 

Town officer*. - - 96 


PART. III. 

' Of thb vultvbs which preservi, akd t»i 

VICES WHICH RVIN REPUBLICS. 

I CHAP. I. 

i Of the advantages and evils of a Republic. 11 1 

I CHAP. II. 

I Of Love to our Country. - - 113 

I CHAP. III. 

'! Of Equality, and Civil Liberty, in what they 
I confiil and how prefervcd. - - 115 

!’ CHAP. IV. 

51 Importance of Education in a Republic. • 137 

CHAP. V. 

s Religion, Morality and Virtue indifpcnfible fup- 

ports of a Repliblic, • * i|4 



CONTENTS. 


Yiii. 

CHAP. VI. 

fatal confcqucnces of Party Spirit. - 15^ 

Conclufigp. - • 147 



The 


VOTERS’ GUIDE. 

INTRODUCTION. 


The end and design of gor- 
Trnment, as briefly and plainly expressed in 
the preamble to the Constitution of the Unit¬ 
ed States, is, “ To establish justice, ensure 
'domestic tranquillity, provide for the com¬ 
mon defence, promote the general welfare 
and secure the blessings of liberty to our¬ 
selves and our posterity.” 

In the prearhble to the Constitution of this 
Commonwealth, we find similar sentiments 
upon the subject of gov^nment. It is there 
said “ The end of the institution, mainten¬ 
ance and administration of government, is to 
secure the existence of the body politic, to 
protect it, and to furnish the individuals,who 
compose it, with the power of enjoying, in 
safety and tranquillity, their natural rights, 
and the blessings of life.” 

These are objects, to the attainment of 
which, by any people, or nation, some form 
of government is absolutely necessary. Wha.t 
form of government is best calculated to se- 
B 







10 


The VOTERS’ GUIDE. 


cure these objects, or whether the Constitn- 
tion of the United States, or of this Com¬ 
monwealth are not as perfect in this respect, 
as the nature of things will admit, is not the 
object of the present undertaking. It will not, 
however, in this place, be improper to ob¬ 
serve, that they were both formed under cir¬ 
cumstances peculiarly favourable to the se¬ 
curity of those rights and blessings for which 
they were intended, and that, in the opinion 
of most writers upon the subject, fe’w, if any 
forms of government ever have, or now do 
exist, which unite so many advantages for 
securing the objects for wdiich they were 
framed, as the Constitutions alluded to, and 
those of the other States wiiich compose the 
federal government. 

But no Constitution, or form of govern¬ 
ment, how ever wise, however just and equal 
its provisions, or however guarded against the 
plots and intrigues of the ambitious, the dis¬ 
contented and factious, can,for any consider¬ 
able length of time, secure the blessings of 
life, liberty and property, without a firm ad¬ 
herence, in the great body of the j^eople, to 
the principles upon which it is instituted, 
and an administration, w^hich carries it into 
operation, according to its true intent and 
meaning. 

Although w’e do not fully agree in opinion 
with Mr. Pope, when he says, 


The VOTERS’ GUIDE. 


H 


“ For forms of government, let fools contoft, 
Whatever's beft adminifterM is beft,'* 

Tct wt iirniiy believe there is more truth and 
justice ill the remark:, than many sjicculative 
and theoretical writers are willing to admit. 

We find recorded in history, many instan¬ 
ces of nations, living under a monarchical 
government, where the sovereign possessed 
almost unlimited powci', enjoying a great 
degree of happiness and prospeiity, and we 
find many instances also, of free govern¬ 
ments, where, under a bad administration,the 
people have been opprest and miserable. 

It may indeed be laid down as a maxim, 
that the happiness of a people depends in a 
great measure upon the proper administration 
of the government under which tliey live. In 
all governments, therefore, it is of the highest 
importance,that those, who are entrusted w'ith 
the management of public ailliirs, should be 
men of Wisdom and Virtue. If it be a des¬ 
potic government, “ hi vjhic/i a single person^ 
wtho^it Icm and without nds^ directs every 
thing by his ovon v^ill and caprice if the 
disposiuon of the despot be tyrannical,his sub¬ 
jects must be wretchedly miserable. If the 
government be republican, or that, in vehich 
the body or only a part of the people is possess¬ 
ed of the supreme povjerpp^ it is necessary 
that the body,or that part of the people which 
possesses the supreme power should be wise 
and virtuous, or the nation must not expert 
♦Montefqaieu. fibid. 


l 2 The VOTERS’ GUIDE,. 

to be happy, or long to preserve their form, 
of government. 

Let us apply these remarks to the govern¬ 
ment of this Commonwealth. The Constitu¬ 
tion declares, that,“The people of this Com¬ 
monwealth have the sole and exclusive right 
of governing themselves as a free, sover¬ 
eign and independent State,” it declares al¬ 
so, that, “ all power residing originally in the 
people,and being derived from them, the sey« 
eral magistrates and officers of government, 
vested with authority, whether legislative, 
executive or judicial, are their substitutes 
and agents, and at all times accountable to 
them.” Hence it follows that the Supreme 
power of this State resides in the people, ex¬ 
ercised, it is true, by their representatives 
chosen by themselves, and accountable to. 
them for their conduct. It will therefore: be 
found necessary, not only that the great body 
of the people, but that their representatives 
or agents, to whom the supreme power of 
the State is entrusted for a limited time, 
should be wise, virtuous and enlightened, , 
For, if it should at any time happen, that the 
representatives are either ignorant or corrupt, 
they will, by their example and influence, 
either corrupt the people, or else, by their 
own want of knowledge, keep them in. 
ignorance ; and when, on the other hand, the 
people are either ignonuit or corrupt, , they 


13 


Tnx VOTERS^ GtJIDE. 

will be sure to have either ignorant or cor¬ 
rupt representatives. In either of which cas¬ 
es, should they ever unfortunately happen, 
We may calculate,* with almost moral certain¬ 
ty, upon the change, or total destruction of 
our Government. Our Republican institu¬ 
tions would be swept, away by the inundation 
of anarchy, or buried in the calm of despo¬ 
tism, 

W I s DOM' and V i r't tj e are indispensibly 
necessary in the support of a Representative' 
Government. Without the former,the people 
will suffer their liberties to expire peaceably, 
without the Litter, they will themsel ves give the 
violent and llital blows, which will terminate 
their existence, 

'I’here is an essential difference,-it is true, 
betw'eea* a government, I ike ours,which is Re- 
publican or rather Repre^entativev and a pure 
Democracy. In the hatter,every thing is trans¬ 
acted in a general assembly of the people,laws 
are established, officers civil and military ap¬ 
pointed and enterprizes undertaken by a ma- 
jorityof votes. In such a government, Wisdom 
and Virtue may, at first view, appear more 
necessary, than in one which is Represented 
tive. But the difference is not essential. In- 
a Democracy, w hea the great body of the 
people are assembled for the purpose of 
legislation, they are influenced and guided by 
a few, so in a Representative government, tho 
people geiierally choose those men to Icgis ■ 

B 




14 The VOTERS^^ GUIDE. 


late for them,: by whom, in a democracy^the 
would be influenced and directed. The peo¬ 
ple ineithei' case should be enlightened, they 
should be able to form correct opinions of 
the leading characters, to distinguish their 
friends from their enemies, and in a Repre¬ 
sentative Republic to understand fully the 
nature and extent of their rights, duties and 
privileges. 

It is as impvortant,” s^^ys Montesquieu,. 

to regulate in a Republic, in what manner, 
by whom, to whom, and concerning what 
suffrages are to be given,as it is in a monarchy 
to know who is the prince, and^ after what 
manner he ought to govern.” 

If it is of importance that these things should 
be regulated in a Republic, it surely is not of 
less importance that the people should know 
how they are regulated. In the Constitution 
and Laws of this Commonwealth, the quali¬ 
fications necessary to constitute a citizen a 
voter, the manner of his voting, and the pur¬ 
poses for which his sulf eges are to be given,-' 
ai'v" defined and rc gulated. 

To diffuse this knowledge more generally 
among all classes of people in the Common¬ 
wealth, to inculcate upon the qualihed vot¬ 
ers the importance of an attention to, and a 
right exercise of the privilege of Itlections, 
and to warn them, by example and precept, 
of the dangers which a careless neglect of 
their rights and duties in this respect wilt 


Th£ voters* guide: 15^^ 


have upon their liberties, is the object of the 
present undertakings. 

The design of the work is important, the 
manner of its execution, it is humbly hoped, 
will not disap p»iat the expectation of tho 
Reader, 



is The VOTERS’ GUIDE; 



PART r. 


Of the qualifications mecessarv to 

CONSTITUTE A CITIZEN A VuTEE 
THE CHOICE OfUnITED St AT ES,StaTE, 
County and Town Officers. 


CHAP. 1 . 

ALL the Citizens of a Republic cannot he 
entitled to %ote, the laws which fix and 
determine who may vote^ and who not, should 
be plain ^certain .and posithc, 

A LL elections oiis^ht to be 
fi'ee snd all the inhabitants of this Common¬ 
wealth, having such qualifications, as they 
shall estabiisii by their Frame of Govern¬ 
ment, have an equal right to elect officers, 
and to be elected for public employments.”^* 
Every judicious person will readily per- 
teivc, v\ hat is implied in the above article of 
the Bill of Rights, that all the citizens of a 
State or Commonwealth, arc not suitably 
qualified to vote in public affiiirs. But where 
to draw the line between those who may, and 
those who may not vote, is a subject of im¬ 
portance, and one, which, from the nature of 

* Bill of Rights, Art. 9. 







The voters^ GUIDE: 


17 .'' 

must,in all cases,be attended with dif¬ 
ficulty. “ It is a great privilege to choose 
such persons as are to bind a man’s life and 
property by the laws they make.”f Legis-^ 
lators should therefore be careful how they 
exclude,from voting,persons whose lives and- 
property may be affected, and v/ho can be 
reasonably supposed qualified for the exer¬ 
cise of so great a privilege. They should 
be careful also, that the rules, or laws which 
establish the qualifications of voters, should' 
be plain, certain and positive, leaving, if pos- 
ble, no room for doubt or uncertainty. 

The want of wise provisions, in these res¬ 
pects, has been considered by historians, and 
eminent political wTiters, as one cause of the 
ruin of ancient republics. 

That the framers of our Constitution, hav¬ 
ing the benefit of experience,and'having read, 
in histor}^ the incon veniences of regulations ' 
adopted by other free governments, were a- 
ware on the one hand, of the great privilege it 
is for a people to clioose such men as are to 
Ifind their lives and property by the laws 
they make,. will appear from the liberality 
discovered in the qualifications required of a- 
citizen to entitlehim‘ to vote? and,on the oth¬ 
er hand, tliat they were aware of the danger 
of a general admission of all the citizens t© 
the privilege of voting, and of the necessity of. 


:.I-ord Hoko 


18 The VOTERS’ GUIDE, 


adopting plain, certain and positive rules f6r 
the exclusion of the unqiialilied, will appear, 
from an examination of those parts of the Con¬ 
stitution, which establish the qualifications of 
voters. 

The three principal qualifications required 
by our Constitution are, age, property 

and RESIDENCE. 

These qualifications are all evidently ne¬ 
cessary, and at the same time admit of less 
doubt and uncertainty than any others wliich 
could be mentiojied. Were they, for in¬ 
stance, to be fixed upon the qualities of the 
mind, as that a man should possess a certain 
degree of knowledge, wisdom and virtue, 
thougli they might be necess iry to enable 
him to vote undcrstandingly, yet they are 
qualifications, which, from their very nature, 
could not be ascertained with precision, but 
would create uneasiness, and render our elec¬ 
tions a scene of confusion. 

We have suggested the above ideas,merely 
to stiew that tlie framers of our Constitution 
understood the nature and importance of their 
subject, and that, if any difficulty arises upon 
the construction of it, as to the qualifications 
of voters, it ought not to be attributed to 
their weakness as legislators^ but rather to the 
difficulties attending the thing itself, and the 
imperfections incident to all human establish¬ 
ments. For no human legislator, however 
iiis€ or circumspect, can foresee all the cases. 


The VOTERS’ GUIDE. 


which, in the progress of society, will always 
arise ; it is impossible, therefore, he should 
establish any general rules, which will pro¬ 
vide for cases not contemplated at the time 
of making them. In addition to this, the zeal 
of party spirit, warped by predjudice, influ¬ 
enced by passion, and'contending for interest 
or triumph, rather than the public good, will 
endeavor, riglit or wrong, so to construe the 
Constitution,as will best promote its own pri¬ 
vate schemes of ambition and interest. 

Havmg tlius briefly attempted to shew thajt 
our Constitution has wisely regulated hy 
nuhom suffrages are to begiven^ we shall pro- 
-oeed to enquire what those regulations are. 
The best institutions, unless understood and 
practised, are of no use. 

iSn •<>> •<>. WP. vO* wO. 

CHAP. II. 

Of the qualifications fiecessary to constitute a 
citizen a ^oter in the choice of United States 
Officers, 

Sect. 1. Representatives to Congress. 

In the first Article and sec=. 
end Section of the Constitution of the United 
ijtates wo find that, “ The House of Repre¬ 
sentatives shall be composed of Members 


:50 


The VOTERS’ guide. 


! chosen every second year by tlie people of the 
: several States; and theElectors in each State 
shall have the qualifications requisite for El- 
■ eotors of the most numerous branch of the 
:State Legislature.” The most numerous 
branch of the Legisliiture of this Common¬ 
wealth is the House of Representatives. The 
qualifications, the refore, of an hilector of Re¬ 
presentatives to Congress, and to the General 
Court of this Commonwealth, are the same. 
To prevent repetition, the reader is refered 
to the 2 Section of the next Chapter. 


•Sec. 2. Remarks on the qualifications of 
Voters for Representathes to Congress* 

ONE of the qualifications of an Elector 
<of a Representative or Representatives, for 
any particular town, to the General Court of 
this Commonwealth, is,that such elector shall 
have been resident in such town for the 
space of one year next preceding such elec¬ 
tion. A question may arise, whether, H a 
man possesses the other two qualifications 
of a voter for a Representative to the Gener¬ 
al Court, viz : Age and Property, he may 
TiOt be entitled to vote for Representatives to 
Congress, although he has not been resident 
in any particular town, but any where in the 
S ate, for one year next preceding such elec- 
iion. 


The VOTERS’ GUIDE. 


21 


We think he cannot. 

It may indeed be said, that Representa¬ 
tives to Congress are not, like Representa¬ 
tives to the general Court, the Representa¬ 
tives of a particular town, but of the Com- 
.monwealth, and therefore, if a man is qual¬ 
ified as to Age and Property, and has resided 
any where in the Commonwealth for the 
space of one year preceding the election, 
though not all the time in any one town, it 
can make no difference as to his right of vot¬ 
ing for Representatives to Congiess, who 
are not the immediate Representatives of 
any particular town, but of the whole Com¬ 
monwealth. 

We confess we can see no reason, but the 
express declaration of the Constitution oftle 
United States, why it should not be sf\ But 
that explicitly says, “ Electors of Represen¬ 
tatives to Congress shall have the qualifica¬ 
tions requisite for Electors of the most num¬ 
erous branch of the State Legislature.” In 
, this State, Reside nce,in the choice of Repre¬ 
sentatives to the General Court, is a qualifi¬ 
cation erjualiy as necessary as Age or Prop- 
I erty. Does it not then clearly follow, that 
a nnan does not possess the qualifications of 
a voter for a Representative to the General 
Court, aiic. of course of Representatives to 
Co>igress,,unless lie has resided one year 
previous to such election, in some particu- 
hx town* 

G 


22 The VOTERS’ GUIDE. 


In jiddition to this, in an act, passed in 
March 1802, for “ Dividing the Common¬ 
wealth into Districts, for the choice of Rep¬ 
resentatives in the Congress of the United 
States, and prescribing the mode of election,” 
we find the following clause. “ The Select- 
xtien of the several Towns and Districts 
within this Commonwealth, shall, in manner 
as the law directs for calling town meetings, 
cause the inhabitants of their respective 
T'pwns and Districts, duly qualified to vote 
for Representatives in the General Court of 
this Commonwealth, to ass€mt)le on the first 
Monday of November, biennially, heginnir g 
in November next, to give in their votes ibr 
their respective Representatives to the Se¬ 
lectmen who shall preside at said meetings.” 
By the above clause, it appears, that the in¬ 
habitants of each tow n qualified to vote for 
aRepresentative to the GenerahCourt, are to 
give in their votes to the Selectmen, of their 
own town, for Representatives to Congress. 
Can, then, the Selectmen of a Tow n receive 
votes for a Representative to Congress, of a 
person, who is not qualified to vote in the 
same town, for a Representative of that town, 
to the General Court ? The Selectmen of 
every town must judge for themselves, it js 
important, however, that they should judge 
right, and that the practice should be uni¬ 
form. If the question is a doubtful one. it 
is one w hich w ill frequently arise. It is for 
this reason we have submitted the above pc* 


Th^ VOTERS’ GUIDE. 23 

mai'ks, \vhich we believe to be correct, if they 
are not, we shall be thankful to any person 
who will expEin the Constitution of the U- 
nited States differently:. 



Sect. 3. Electors or President anj> 
Vice-President, 

“ The Executive power shall be vested in 
a President of the United States of America. 
He shall hold his Ouice during the term cf 
lour years, and, together with the Vice-Pres¬ 
ident, chosen for the same term, be elected 
fts follows-: Each State shall appoint, instiih 
manner as the Legislature thereof may di¬ 
rect, a number of Electors, equal to the 
whole number of Senators arid Representa¬ 
tives to which the State may be entitled in 
the Congress ; but no Senator or Represen¬ 
tative, or person holding an office of trust or 
profit under the United States, shall be ap¬ 
pointed an Elector.” 

[Z7. S. Consthutlon't Art. 1. 

The qualifications of voters for Electors 
of President aiid Vice-President depends up¬ 
on the Legislature of the Commonwealth, 
As-there is no law now in forces in the 
State, determining what those qualifications 
shall be, it will be the duty of the Legisla¬ 
ture, previous to the next Presidential Elec- 
tibiv to make a law upon the subject. The 


24 The VOTERS’ GUIDE. 

above are the only United States officers 
chosen by the people of this State. 

i-OV V^» 

CHAP.. III. 

Of the qualifications necessary to. constitute a. 
citizen a voter in the choice of State Offi¬ 
cers, 

Sect. 1. Senators and Counsellors. 
“ EVERY male inhabitant of twenty, one 
years old and upwards, having a freehold 
estate within the Commonw^ealth, of the an-- 
nual income of three pounds, or any estate 
of the value of sixty pounds., shall have a right 
to give in his vote for the Senators for the 
district of which he is an inhabitant. And' 
to remove all doubts concerning the mean¬ 
ing of the word inhabitant,” in this Con-, 
stitution, every person shall be considered 
as an inhabitant, for the purpose of electing 
and being elected into any office or place 
within this State, in that town, district or 
plantation, where he dwelleth, or hath his., 
home. 

Constitution,, Chap, 1. ^ Sect,. 11. Art^ 11.. 


The VOTERS’ GUIDE. 


25 


Sect, 2. Representatives to the Gen¬ 
eral Court. 

“ Every male person, being twenty one 
years of age, and resident in any particular 
town in this Commonwealth for the space of 
one year next preceding, having a freehold 
estate within the same town of the annual in¬ 
come of three pounds, or any estate of the 
sipety poundsy shall, have a right to 
vote in the choice of a Representative, or ^ 
Representatives for the said town. 

Const, Chap, 1. Sect, Art, 4. 


Sect, 3, Governor AND Lieutenant- 
Governor. 

Those persons who shall be qualified to 
vote for Senators and Representatives with¬ 
in the several towns of this Commonwealth, 
shall, at a meeting to be called for that pur¬ 
pose, on the first Monday of April annually, 
give in their votfes for a Goyernor, tO' the 
Selectmen, who shall preside at such rneet- 
ings.” Const, Chap, III Sect, I, Art, 3, 
The qualifications of the electors, (of Lieu- 
tenarit-Governor,) shall be the same as re¬ 
quired in the election of a Governor. 

Const, Chap, 2. Sect, 2. Art, 1. 
c 


The voters^ GUIDE; 


26 


Sect. 4* RfMARKS ok the qUALIFICA- 

TIOKSofKLECrORSOfSTATEOFFICERS^ 

1. One of the qualifications of a voter for 
State Officers is a freehold estate of the an¬ 
nual income of three pounds or any estate 
of the value of sixxy pounds* From the fre¬ 
quent practice, at least, in many towns, of 
admitting persons to ^'ote for State Officers, 
'v^hose estate consists of a lease of real estate 
for one or two years only, it is apprehended 
that the meaning of the freehold estate ^ 

are either misunderstood, or not attended to 
by Assessors and Selectmen in making out 
a list of voters. 

A Freehold estate is an estate in fee or for life. 
It is not indeed necessary to constitute a free¬ 
hold,that a man should possess an estate dur¬ 
ing the term of his own life,if he has an estate 
during the life of another person,or is in pos¬ 
session, in right of his wife, of an estate dur¬ 
ing her life, it will be a freehold estate. But 
no estate, less than a life estate, will amount 
to a freehold. A lease,therefore, to a man of 
real estate for any number of years, and of 
ever so great value, does not qualify him to 
vote for state officers. He must have other 
property to the value of sixty pounds.^ or he 
will not be a voter. His paying taxes for the 
place will make no difference. Perhaps it will 


Tnt VOTERS’ GUIDE. 



be said the above caution is unnecessaiy,’ 
that no men take leases of land of the annual 
income of three pounds^ who have not other 
property to the value of sixty poimds. This 
may be generally true, but there are many 
instances to the contrary. Assessors, there¬ 
fore, when they tax a man for estate which 
he holds by a lease for years only, ought to 
be careful, when they make out a list of vot¬ 
ers, that they do not. in such cases, make 
their tax bills their guide. They should re¬ 
member, that it is not the amount of taxes a 
man pays, but the amount of the property 
he possesses, which qualifies him to vote 
for State Officers. 

2. “ Those persons who shall be qualified 
to vote for Senators and Representatives, 
within the several towns in this Common¬ 
wealth, shall give in their votes for Governor” 
&c. 

The Reader will perceive a difference in the 
qualifications of voters for Senators and Rep¬ 
resentatives. To vote for the former it is suffi¬ 
cient that a man has a freehold in theCommon- 
wealth, and is an inhabitant of the town where 
he votes ; but to vote fo the latter, he must 
have resided in the town one year [previous 
to the election, and his ffiec hoii estate must 
be in the town where lie votes. 

This difference in the qualifications of vot¬ 
ers for Senators and Representatives, has 
created doubts, in the minds of many, as to 



2r VOTERS^ GUIGEV' 

the proper construction of that part of the’ 
Constitution which relates to the qualifications • 
of voters for Governor. The doubt is, V'heth- 
er a man, to vote for Governor, -must be 
qualified to vote in the choice both of Sena¬ 
tors and Representatives, or only in the 
choice, either of Senators, or of Representa¬ 
tives. 

The words of the Constitution, are Those ‘ 
persons who shall be’qualified to vote forSen- 
ators and Representatives,’’ shall vote for 
Governor See. The difficulty arises from the 
word and between Senators and Representa¬ 
tives. if the word and^ in this place, may and 
ought to mean the same as if it were or, then 
a man qualified to vote either for a Senator 
or a Representative may vote for Governor, 
That it does mean the same as e?/* we believe 
I'or the-^ ibllowing^reasons i 

The word wr/is sometimes used instead 
of cr, and if the spirit of the Constitution re¬ 
quires that it should be so undersood in this 
place, it will be agreeable to the rules of con¬ 
struction so to consider it. 

It appears by the Constitution that tbe * 
amount of the nroperty required to vote for 
Senators and'Representatives is the s ime;the 
difference consists entirely in the locality of* 
it. The reason of the difference is* obvious. 

It was considered that Representatives were 
in some respects the officers or agents of the 


The VOTERS'^ guide. 29- 

particular towns they represented, and there¬ 
fore,that a man ought not to vote fora Repre¬ 
sentative in a town where he liad no proper¬ 
ty. Again, to vote for a Representative a 
man must have resided in the town one year 
previous to the election. Why? Because, no 
doubt, it was considered that a years resi¬ 
dence, at least,would be necessary, to enable 
him to become acquainted with the local in- 
teT^esfs of the town, and the characters of its 
inhabitants. 

The above reasons do not apply in the 
choice of Senatoi's, and, therefore, we find 
that a freehold any where in the State is suf¬ 
fered to entitle a m in to give in his vote for 
Senators to the Selectmen of that town, . 
' where he dwelleth or hath his home. But the 
reasons of confining the freehold to the town 
; and requiring a years residence to vote * 
I for a Representative,apply with as much force 

■ to Senators as to Governor. For surely a 
man’s having a freehold in th^Commonwealth 
may as v/ell entitle him. to vote for a Gover¬ 
nor of the Commonwealth, as for the Sena-' 

■ tors of a particular District. Indeed, if there 
' is a difference, we should suppose a freehold 

in the Commonwealth would be a qualifica¬ 
tion in voting for Governor, but in voting 
for Senators that a freehold in the District 
would be required. But if a different con¬ 
struction is adopted, it will be found, that no 
! joianGan vote for Governor, unless he lias*' 




ao Tkk VOTERS’ guide: . 

resided in the town where he votes for the 
space of one year,& his property,if realcstate, 
must be in the same town. As no reason can 
be assigned why this should be required in 
voting for Governor, more than in voting for 
Senators, as the W'ord and is sometimes used 
instead of or, and as the spirit of the Gonsti- 
tution requires that it should, in this placCij 
be understood in this sense, we conclude, 
that those persons who are qualified to vote 
idr Senators, and those persons who are qual- 
ified to vote for Representatives, are qualifi- • 
ed to vote for Governor. 

3. It is contended by some, that the priv- - 
ilege of voting for Governor, Lieutenant 
Govern or, Senators and Counsellors is not a 
local privilege, or in other words, is not con- 
fined to the town of which the voter is an in^ 
habitant; but that he may vote, for Gover¬ 
nor and Lieutenant Governor in any town in 
the Commonw ealth where he may chance ta 
be on the day of election, and for Senators 
and Couaseilors in any towm in the District 
of which he is an inhabitant. We have, in¬ 
deed, understood that the Selectmen of some 
towms have entertained the above opinion, 
and even gone so far as to receive votes of 
the inhabitants of other towns for the above 
officers. The practice, how'ever, is not-on¬ 
ly unauthorised by the Constitution, but at¬ 
tended wuth many dangerous and mischiev- 
tus consequences- A little.attention to the 


The VOTERS’ GUIDE. 


31 


subject will at once shew the absurdity of it. 

The Constitution, after pointing out ili€ 
qualifications of voters for Senators, and de¬ 
claring the meaning of the word ‘ inhabitant,’ 
proceeds in the next paragraph to point out 
the manner of election as follows. “ The 
Selectmen of the several towns shall preside 
, at such meetings impartially ; and shall re¬ 
ceive the votes of all the inhabitants of such 
towns present and qualified to vote for Sen- 
'ators,” he. The power of Selectrnen, in this 
case, is derived from the Constitution, they 
cannot lawfully do any thing it, does not au¬ 
thorise. Does the above clause authorise 
the Selectmen of any town, to receive votes 
of the inhabitants of another ? To remove 
all doubts upon the subject, let us proceed 
to the next paragraph. The inhabitants of 
plantations unincorporated, qualified as this 
' Constitution provides, who are or shall be 
empowered and required to assess taxes up¬ 
on themselves toward the support of gov¬ 
ernment, shall have the same privilege of 
voting for Counsellors and Senators in the 
plantation, where they reside, as town-in- 
habitants have in their respective towns, 

Here we find that the right of voting is con¬ 
fined, in one case, to the plantation, and in 
,the other, to the town, w:hcrc the voter is an 
. inhabitant. 

The same reasons wdll apply in tlie cKoic^ 
.jof Governor and Lt. Gov. because no per- 


32 The VOTERS’ GUIDE. 


son can vote for these, who is not entitled to 
vote for Senators or Representatives, and no 
one will contend that the right of voting for 
the latter officer is not conhned to the to\^ n 
to wffiich the voter belongs. 

From the above remarks, if true, may be 
^Irawn the following conclusions. 

1. A voter for Senators must be an in¬ 
habitant of the town where he votes, and 
nave a frthold estate, in the Commormealth of 
the annual income of t/rree pounds^ or ariy 
estate of the value of sixty pounds. 

2. A voter for Representatives, must have 
resided in the town v\ here he votes for the 
space of one year previous to his votirg, aiid 
have a freehold estate in xhtsuiw icnxn of the 
annual income of three pounds^ or any estate 
of the value of sixty pounds. 

5. A voter for Governor and Lieutenant- 
Governor must have the qualifications, eith¬ 
er of a voter for Senators, or, of a voter for 
Representatives. 

4. No person can vote for either of the 
aforesaid officers, except in the town of which 
he is an inhabitant. 

.401 . 40 * <. 0 * .^1 .00 

CHAP. IV. 

the qualif cations necessary to constitute a 

citizen a looter in the choice of County Offi- 

cers. 


The VOTERS’ GUIDE. 


33 


^ Sect , Register of Deeds 

T Y T R E A S U HER. 

I'he only Ccxinty Officers chosen by ths 
people are the Register of Deeds and the 
County Treasurer. The former is chosen 
once in five years, the latter annually. The 
qualifications of voters m the dioice of both 
these officers are the -same as those required 
-of voters in the choice of Repi’eseirtativcs to 
the General Court. The reader is, there¬ 
fore, refered to the 2d Section of ike last 
Chapter, where he will find what those qual¬ 
ifications are. 

•tfH 

CHAP. V. 

0/ the qualifications necessary to constitute a 
citizen a scoter in the choice of Tosdu Qu¬ 
eers, 

Sect. 1. The freeholders and other in- 
liabitantsof each town in this Commonwealth, 
who shall pay to one single tax, besides the 
poll or polls, a sum equal to tw^o thirds of a 
single poll-tax, are entitled to vote for all 
Town Officers,and in all other town affairs.* 

♦Afi palTed March 25, 1806. 


34 


The VOTERS’ GUIDE. 


Sect. 2 . Remarks on the qualifications of 

votersfor town ojjicers and in town affairs* 

The qualifications of voters for town offi¬ 
cers depend entirely, a s it respects property, 
upon the taxes they pay. These being ap¬ 
portioned iq)on tlie inhabitants of the respec¬ 
tive towns, by their respective Assessors, it is 
incumbent on them to be very attentive to 
the faithful and impartial performance of their 
duty. Many cases will occur, where the 
taxable property of persons w ill be such, that 
a small error, by the Assessors, in the esti¬ 
mation of its value, will, if the estimation be 
a little too low, debar some from the privi¬ 
lege of voting, who ought not to be debated, 
and, if a little too high, entitle others to the 
privilege, who ought to be excluded. When¬ 
ever such cases occur, it is hoped they will 
always be governed by their oath, which is, 
to proceed equally and impartially^ according 
to their best skill and judgment. 

As the privilege of voting for totvn officers 
depends upon the amount of taxable proper¬ 
ty, a man uho is anxious to be a voter, and 
fearful that his property will not make him 
such, can give in more than he really posses¬ 
ses. Instances of this kind have, and prob¬ 
ably will sometimes hiippen. Assessors, 
however, may, if they feel disposed to do 
their duty, easily prevent a fraud of this na¬ 
ture. 


The VOTERS’ GUIDE. 


35 


The law regulating their general power 
and duty, directs them to give notice to the 
inhabitants of their respective towns, to bring 
in lists of their polls, and all their taxable pro¬ 
perty, and authorises them, to require the 
person presenting such list, to make solemn 
oath that the same is true. A list, w hich con¬ 
tains more property than a man possesses, if 
Buch property is put on for the above purpose, 
will be tis ihise, as one which contains less. 






36 The VOTERS’ GUIDE, 


PART II. 


Or THE qUALIFICATIONS NECESSARY TO-^ 
RENDER CITIZENS ELIGIBLE jO UnIT* 

ED States, state, county and town.:. 

OFFICES, WITH THE TIME AND MAN¬ 
NER OF THEIR ELECTION.* 

CHAP, L 

Clf the qualifications of United States 
ccrs^ the ihne and manner of their dcc^ 

tlOJL 

Sect, 1. Representattves TO Congressv 

“No person shall be a Representative who . 
shall not have attained to the age of twenty- 
five years, and been seven years a citizen of. 
the United States, and who shall. Rot, when, 
elected, be an inhabitant of that state in which 
he shall be chosen.” 

“Representatives and direct taxes shall be 
apportioned among the several States, .which: 
may be included within this Union, accord¬ 
ing to their respective numbers, which shall, 
lie determined by adding to the whole num¬ 
ber of free persons,, including those bound to. 
serve for a term of years,, and excluding In- 






The voters^ GUIDE. 


S7 


dians not taxed, three-nfths of all other per¬ 
sons. The actuul enumeration shall be made 
\vitlnii three years after the llrst meeting of 
the Congress of the United States, and witli- 
in c^'ery subsequent term of ten }’ears, in 
such a manner as they shall by law direct. 
The number of Representatives sliall not ex¬ 
ceed one for every thirty thousand, but each 
State shall liave at least oneRepresentative.’’ 

U. S. ConJlkutioKy i. 

To the above Article the following addi¬ 
tion and amendment has been made, and is 
now a pari of the Constitution. 

“ After the first enumeration, required by 
the first article of the Constitution, there shall 
be one representative for every thirty thou¬ 
sand, until the number shall amount to one 
hundred ; after which, the propojtion shall 
be so regulated by Congress, that there shall 
be not less than one hundred representatives, 
nor less than one representative for every for¬ 
ty thousand persons, until the number of rep¬ 
resentatives shall amount to two hundred ; 
after which, the proportion shall be so regu¬ 
lated by Congress, that there shall not be less, 
than two liundred representatives, nor rnore 
than one representative ibr every fifty thoiu 
sand persons.” Amend. U. S'. Const. 

Agreeably to the foregoing provisions, of 
the Constitution, an act was ]>asscd i)y Con^ 
gross, in Januaiy 1302. 7 ^ the apportiofimeni 

D 


38 The VOTERS’ GUIDE. 


of Representathes among the several States^ 
According; to this apportionment, the several 
States are entitled to the number followings 
viz. 


New Hampshire 

5. 

Massachusetts 

17. 

Vermont 

4, 

Rhode Island 

2 . 

Connecticut 

7. 

New York 

17. 

New Jersey 

6 . 

Delaware 

1 . 


VirgHik 22 . 
North Carolina 12 . 
Soutli Carolina 8 . 
Georgia 4. 

Kentucky 6 . 
Tennessee 3. 
Pennsylvania 18.- 
Mar}dand 9. 


After the next enumeration of the people 
of the United States,tliere will be another ap- 
poitionment of Representatives, which will 
probably increase the number. 


“ The times^ places and manner of hold-' 
ing elections for Senators and Representa¬ 
tives, shall be prescribed in each State by 
the Legislature thereof: But the Congress 
may at any time by law make or alter such 
regulations, except as to the places of choos¬ 
ing Seliators/’ CotTfl. U. S. Art, i. Sea. 4 , 


In AJarch 1802, the Legislature of this 
Commonwealth passed a law for regulating 
the election of Representatives to Congress. 
As tills law contains all the further informa¬ 
tion necessary upon this subject^ v e shall 
conclude tills Section by inserting it entire. 


TifE ^'OTERS’ GUIDE. 


59> 


An A6t 

Dividing the Commonwealth into seventeen^ 
districts, for tlie choice of Representatives^^ 
in the Congress of the United States, and^* 
prescribing the m<)de of election. 

Sect. 1 . Be it enacted by the Senate and 
House of Representatives, in Gen- 
eral Court assembled^ and by 'the authority of 
the same. That this commonwealth be, and 
it hereby is divided into seventeen Districts, 
as in this act defined and described, for the 
purpose of Choosing. Representatives to re¬ 
present this Commonwealth in the Congress- 
of the United States, after the present Con¬ 
gress ; in each of which Districts one Repre¬ 
sentative, being an inhabitant of the Dis¬ 
trict for which he shall be elected, shall be 
chosen in the manner herein after pi'escribed. 

Sect. 2, Be it further enacted, ITiat the 
^aid seventeen Districts shall be fornicd and 
limited in manner following, viz. 

The Towns in the County of Suffolk, to-^ 
gether with the town of Charlestovon, Med- 
ford and Malden, in the County of Middlesex, 
feihall constitute one District, to be called 
Suffolk District. 

The Towns of Lynn., Lynnficld, Salem, 


40 


The VOTERS’ GUIDE. 


Marblehead^ Darners^ Beverly, Manchester., 
fFmclhani^ and Gloucester, rh the Coujity of’ 
Essex, shall const it iite one District to be 
called Essex South District. 

The Towns and districts in the County of 
.Essex not included in Essex South District, 
shall, together with the town of Reading, in 
the County of Middlesex, constitute one Dis¬ 
trict, to be called Essex North District.- 

The Towns and Districts in the County 
of Middlesex, tow'noF Reading, 

and excepting also those towns wliich are in 
this act included in Siiffblk and Norfolk Dis- ' 
iricts, resjx^ctively, shall constitute one Dis¬ 
trict, to be called Middlesex District. ’ 

The Towns of Ware. Belchevto^ini, Gran¬ 
by, South Hadley, Hadley. Northampton,: 
WesthamptC7i, Norwich, JVorthhigton and 
Middleficld in the County of Hampshire, tOr. 
gether with the I'owns and Districts in the 
same County lying southerly of the above- 
named towns, shall constitute one District, 
to be called Hampshire South District.. 

The Towns and Districts in the Countv 
of Hximpslnre. not included in the last namccE 
District, shall constitute one District, to be. 
called Hampshire North District. 

I'he Towns and Districts in the County 
of Plymouth, shall constitute one District, to 
be called Plymouth District. 



The VOTERS’ guide. 


41> 


The Towns and Districts in the Counties 

Barnstable, lyukes County diud Nantucket; 
together with the to^vn of New Bedford, in ; 
the County of Bristol, shall constitute one 
District, to be called Barnstabxe Dis¬ 
trict. 

The Towns and Districts in the County of 
Bristol, excepting the town of New Bedford^ 
shall constitute one District. to be called 
Bristol Distr-ict*- 

The Towns of New-Braintree, Spencer,. 
Leicester, JForcestcr, Shrewsbury, Northbo-' 
rough and Southborough, in the County ©f> 
Worcester, together with the towns and Dis¬ 
tricts in the same County Ijring southerly of 
the above named Towns, shall constitute one 
District, to be called Worcester South 
District. 

The Towns and "Districts in the County of' 
Worcester, not included in the last named ■ 
Disti'ict, shall constitute one District, to be 
called Worcester North District. 

The Towns Districts and Plantations iii ^ 
the County of Berkshire, shall constitute one 
District, to be called Berkshire District. 

The Towns and Districts in the County of 
Norfolk, together with the Towns oi New tom 
Natick, S/ierburn, Hopkinton and HolUst ow 
in the County of Middlesex, shall constitute 
one District,. to be called: No re o lk Dis¬ 
trict. 


42 The VOTERS’ GUIDE. 

The Towns, Districts and Plantations in 
the County of Tork^ shall constitute one Dis¬ 
trict, to be called York District. 

The Towns, Districts, and Plantations in 
the County of Cumberland, shall constitute 
one District, to be called Cumberland Dis¬ 
trict. 

The Towns, Districts, and Plantations irt 
the County of Lincoln^ together with the 
toivns of Islcboroiigh, Vinal/icmen^ Prospect^ 
Nonhport, Ducktrap, Belfast^ and Deer lsle<, 
in the County of Hancock, shall constitute 
one District to be called Lincoln District. 

The Towns, Districts and Plantations in 
the Counties of Kennebeck, Hancock and 
Washington, excepting those Tow^ns in the 
County of Hancock, included in Lincoln Dis¬ 
trict, shall constitute one District, to be cal¬ 
led Kennkbf.ck District. 

Sect. 3. Be it further "enacted, That the 
Selectmen of the several Towns and Districts 
within this Commonwealth, shall, in manner 
as the law directs for calling town-meetings, 
Cause the inhabitants of their latspective 
T()\vns and Districts, duly qualified to vot <2 
for Representatives in the General Court of 
this Commonwealth, to assemble on th'e first 
Monday of November, biennially, beginning 
in November next, to give' in their votes for 
their Representative, to the Selectmen who 


The VOTERS’ GUIDE. 


43 


shall preside at said meetings; and the Select* 
men, or the major part of them, shall, in open 
town-meeting, sort and count the votes, and 
shall form a list of the names of the persons 
voted for, with the number of votes'for each 
person written in words at length against his 
name, and the Town Clerk sh^l make a rec¬ 
ord thereof; and the Selectmen sliall, in such 
meeting, make public declaration of the per¬ 
sons voted for, and of the number of votes 
tliey respectively have, and shall, in open 
town-meeting, seal up the said list, certified 
by the Selectmen, and express upon the out¬ 
side of the said list the District in which the 
votes were given ; and shall transmit the 
same within fouiteen days next after such 
meeting, to the Secretary of the Common¬ 
wealth, or to the Sheriff of the County in 
tvhich such Town or District lies, who shaT 
transmit the same to the Secretary of the 
pommonwealth within forty days next after 
the time of holding such meeting; and the 
Secretary shall lay the same before the Gov¬ 
ernor and Council, and in case of an election 
for any District by a majority of the votes 
returned from such District, the Governor 
shall forthwith transmit to the person so 
chosen, a certificate of such choice, signed 
by the Governor, and countersigned by the 
Secretary. And the Selectmen of such Towns 
and Districts as lie vithin any County in 
which there may be no Sheriff, shall return 


4-4 Th e VOTERS’ GUIUE. 

such lists to the Secretary’s Office within the 
same term of time as Sheriffs are required to 
cdo. 

Sect. '4. Be it further enacted^ That in 
case no person shall be chosen by a majority 
of all the votes returned from any District, 
the Governor shall cause Precepts to issue to 
*the Selectmen oh the several Towns and Dis¬ 
tricts \^ithin such Disti'ict,. directing and re- 
■quiring such Selectmen, to cause the inhab¬ 
itants of their respective Towns and Districts, 
qualified as aforesaid, to assemble as afore¬ 
said, on a day in such precept to be appoint¬ 
ed, to give in their votes for a Representa¬ 
tive in Congress as aforesaid ; which precept 
shall be .accompanied with a list of persons 
voted for,.in such District,shewingthenum- 
:ber of votes for each person according to the 
first return; and the same proceedings shall 
be had thereon, in all respects, as before di¬ 
rected in this act; and the Selectmen shall 
make return to the Secretary of the Common¬ 
wealth, or to the sheriff, in manner as afore¬ 
said, witliin fourteen days next after the time 
of holding such meetings ; and the Sheriff 
shall make return thereof into the Secretary’s 
Office, on or'before such day as the Gover¬ 
nor shall apjidint in such precept; and the 
'Selectmen of such'Towns andDistricts as lie 
within any County in which there may be no 
Sheriff, shall return such lists to tlie Seoreta- 


The VOTERS’ GUIDE. 


45 


OSice, within the same term of time, 
-Shci liTs are required to do^ And the Secreta- 
rj si'uiii lay the lists, so returned to his office* 
before the (governor and Council, and the 
Governor shall cause the person or persons 
who shall be chesen as aforesaid, to be serv¬ 
ed with a Certiheate thereof, as aforesaid ; 
and like proceedings shall be again liad, in 
case any Distiict shall fail of completing 
the choice of its Representative; and the 
Governor shall issue his precept according¬ 
ly, to the Selectmen of thc^e towns and dis¬ 
tricts of such Districts, wherein tlie choice of 
Representatives shall not have been made 
and like proceedings shall be had as often as 
occasion may require. 

Sect. 5, Be it further enacted, That when¬ 
ever any vacancies shall happen in tlie rep¬ 
resentation of this Commouweaitlv in the 
Congress of the United States,the (governor 
shall cause Precepts to issue to the Se'ectmen 
of the several Towns and Districts within a- 
ny District in which such vacancy may h;.ip- 
pen, directing and requiring tl eni to cause 
the inhabitants of their respective Towns- 
and Districts, to assemble on a day in such 
precepts to be appointed, to give in their 
votes for a Representative to simply such 
vacancy; and like ]:)roceedipgs shail, from 
time to time in ail respects be hud as are 
hereia before provide d. 


46 The, VOTERS^ GUIDE, 

Sbct. 6# Be it further enacted^ That it 
shall be the duty ©f the bhenifi> of the sever¬ 
al Couulies of the Commonw ealth, on receiv¬ 
ing copies of this act, or any precept from the 
Governor for the purpose herein mentioned^ 
to transmit the same seasonably to the Se- 
ketmen of the several Towns and Districts, 
and to the Assessors of the several Districts 
and Plantations where there may be no Se¬ 
lectmen, within their respective Counties, to 
w^hom such Copies or Precepts may be res¬ 
pectively directed. And the several Sherilhi 
shall, for the said service, be entitled to re¬ 
ceive out of the I'reasury of this Common¬ 
wealth fifty cents for each of the Copies and 
of the Precepts so by them distributed to the 
Selectmen of the Tow ns and Districts, and 
to the Assessors ol the Districts and Planta¬ 
tions in their Counties, w here there may be 
no Selectmen , Provided ho^e^ver, 1 hat no 
Sheriff, w^ho shall neglect seasonably to trans¬ 
mit all and every of the Copies and Precepts 
by him received, in manner aforesaid, shall 
be entitled to any compensation for distribu¬ 
ting any of such Copies or Precepts.^—And 
for returning the votes as aforesaid each Sher¬ 
iff shall be entitled to receive tw enty cents per 
mile, computing from the place of abode of 
each Sheriff to the Secretary's Office. And 
in either case, the Sheriffs shall present their 
accounts to the Committee on Accounts fov 
examination and allowance^ 


The VOTERS’ GUIDE. 


4f 


• Sect. 7. Be it further enactedy That any 
Sheriff, who shall neglect to perform the 
duties which, by this act, he is directed to 
perfonn, shall for each neglect, forfeit and^ 
pay the sn m of two thousand dollars, to be 
recovered by an Action of Debt in the name 
and to the use of the Commonwealth.—And 
for any such neglect of any Sheriff it shall 
be the duty of the Attorney General and of 
the Solicitor General to prosecute within one 
year thereafter. — And if any Selectmen shall 
neglect to perform any of the duties w^hich 
by this act they are required to perform, each 
Selectman, so nt'giccting, shall forfeit and 
pay a sum not exceeding twm hundred dol¬ 
lars, n".>r less ihan thirty dollars, to be recov¬ 
ered by an Action of Debt or on the Case, 
one moiety thereof to the prosecutor and the 
other moiety thereof to the use of the Com¬ 
monwealth. 

Sect. 8. Be lifer t her enacted^ That the 
A ssessors of those Districts and Plantations 
where there may be no Selectmen, shall have 
the same power and perform the same du¬ 
ties, for the purposes of this act, as are here¬ 
in given to, or required of Selectmen, and 
shall incur like penalties in case of neglect. 

S s c d. Be it fur the.' enacted^ That this 
act shall be coastmed to extend to those^ 
. plantations only which 'shall choose Assessors 
to assess, the ptiblic taxc^ wliich shall be set 


48 The VOTERS^ GUIDE: 


to such Plantations in the tax-act next 
ceding the several elections. 

Sect. 10. Andhe it further enacted, .That 
this act, until a new apportionment ohRepre- 
Bcntatives among the several States shall be 
made, and for the purpose of supplying any 
vacancy or vacancies which may happen in 
the representation of this Commonwealth in 
the Congress of the United States w hieh 
shall make such r.pportionment, shall contin-* 
ue and be in full force. 


'Pne fpllowdng Act to alter and araend the. 
iourih and Rfth Sections of the afpresidd 
Act, passed June 18, 1802, forms a part^ 
' of the law - regulating the election of Rep-. 

Vresentatives to Congress,.rmd is,, therefore, 
inserted. 

Sec t'. 1 . BE It enacted by the Senate an d 
Home of Representatfocs in Gene red Court as-, 
%c7nbled, and by the authority of the same fV\\cX 
if, after a second trial, no person shall be cho-. 
sen by a majority oi'aii the votes returned, 
from any district, in the manner prescribed, 
by the act passed on the tenth day of March, 
one thousand eight hundred and two, enti¬ 
tled, “ An Act dividing the commomyealth 
kto seventeen Districts, for the choice of Rcr • 



VOtEFtS' GUIDE. , » 


ehtatives in the Congress of the United 



States, and prescribing the mode of election,*^ 
the Governor shall cause precepts to issue 
to the selectmen of the several towns and 
districts within such district, directing 
iind requiring slrch s ^ectmen to cause the 
inhabitants of their respective towns and 
districts, legaHy qualified, to assemble 
on a day in such precept to be appointed, ta 
give in their votes for one ofthe two persons 
having the highest number of votes upon the 
second return, to serve as the Representa¬ 
tive of the said district in the Congress of the 
United St^es ; and if, upon the second re¬ 
turn, three or more candidates shall have an 
equal number of votes, and all stand highest 
on the list, the votes, at the third trial, shall 
be given in for one of the said highest candi¬ 
dates ;—^Aiid if, upon the second return,two 
or more persons standing on the list next to 
the highest candidate, shall have an equal 
number of votes, then the votes at the third 
trial shill be given either for the said high¬ 
est candidate, or for one of the said persons 
standing next highest on the list.—And tho 
precepts issued as aforesaid! shall be accom¬ 
panied with the nanies of tlie |:)crsons to be' 
toted for at tlr^ Hird trial and the number of 
votes given for each of them at tne second 
return. And the selectmen shall, in open 
town meeting,- sort and count the votes given 


50 The VOTERS’ GUIDE. 

in for^eagh of said persons, and .shall niaXe 
public declaration of the number ofvo'teS' 
pveivin for them respectively ; and the towiv 
clerk shall record the same;—And the select¬ 
men sliali make return thereof to the secreta¬ 
ry of the commonwealth,, or to the sheriff, in 
manner as prescribed for the first ret urn j, 
fourteen cTays next after the time of holding 
such meetings ; and the sheriff, shall make 
Teturii'thereof into llie.secretary’s office, on 
or before siich day as the Governor shall ap¬ 
point in stich precept, anci the selectmen of 
such towns and districts as He within any. 
cctibty in n liich there may be no sheriff, 
shaffreturn such lists,to the secretary’s offir- 
ce within the same term of time as sheriffs 
are required to do, . And the secretary shall 
lay the lists, so returned to Bis office, before 
the Gov ernor and Council, and the person 
who shall then have the greatest number of 
votes so returned for the persons to be voted 
for at such third trial, shall be duly elected to 
represent the said district in Congress ; and 
th'e-Gdvefnor shall cause the person so elect¬ 
ed to'be served with a certificate thereof, 
signed by the Governor and countersigned 
by the secretary. And the same proceed¬ 
ing;^ aS ‘are herein above directed, shall be 
had ih case ho choice by a mrjoi ity of all the 
votes returned, shall be made at the first trial , 
to supply vacancies in the representaton of. 


,Thb voters? guide, 51 

this commonwealth in Congress, according 
to* the directions in the fifth section of the 
said act to vvliich this is an amendment. 

Sect. 2. And be it further enacted^ That if 
either of the persons to be voted for upon tb^:? 
third trial should die, or decline being elect¬ 
ed, or be otherwise disquaHiied, then the 
Govemor shall cause precepts to issue as di^ 
reeled in the third section of the act* to which 
this is an amendment, in eases of a new elec- 
tioti, • and if no person shall be chosen by a- 
majority of all the votes returned, the same 
proceedings shall be had as arc herein before 
directed. 

’Sect. 3. And be it further enacted That if 
upoti tile returns of the third trial as aforesaid, 
the persons returned, or the two highest of 
tiiem, shall have an equal number of votes, 
the‘Governor sliall again cause like precepts 
to issue,and the proceedings herein before di¬ 
rected shall be repeated, tintiil one of the 
said persons to be voted for at the third trial, 
shall have a majority of the votes so return¬ 
ed. 

Sect. 4. And be it further enacted^ That 
so much of the fourth and fifth sections of 
the act to which this is an amendment, as is 
herein differently provided for, shall be, and 
is hereby repealed. 



I® TUI VOTERS^ Ctiim* 

Sect, % EtECTORsor President AirS 
Vl'CE-PpESl^DENT. 

No particular qualification is required ter' 
fender'^a man eligible to the office of an Elec-^ 
tor of President and Vice-President but ncr 
Senator or Representative, or person holding 
an office ef trust or profit under the United 
States can be appointed^ 

The number of electors in each State, aa^ 
has already been observed, is equal to the 
tv^hole number of Senators and Representa-’ 
tives to which each State is entitled in the 
Congress of the United States. This State,^ 
therefore, according to the last apportion-' 
ment of Representatives, is entitled to nine¬ 
teen Electors. 

The time of choosing them may be deterw* 
mined by Congress, but the manner of their 
appointment in each State, depends upoiif 
the Legislature thereof. In this Common¬ 
wealth the methods have been various^ At 
one time they have been chosen by the peo¬ 
ple in districts, at another, by the Legislature' 
themselves, and at another, by a majority of 
^l the voters in the Commonwealth,* 

It will depend upon future legislatures to^ 
direct, in what manner, they shall in futu rc 
be chosen ; wc can give the reader, therefore^ 
Po further information upon the subject. 


Tnz V0T15RS’ GUIDE., 



CHAP. II. 


Of ths qualifications of'State officers^ mth t/ie 

time and manner of their election. 

Sect . 1. Govern OB. 

The-following articles of l}>e Constitution 
express the qualifications rerjiiirecl of aGover^^ 
nor, and point out the time and manner oP 
his election. 

Art. I. The Governor shall be chosen 
annually : and nq person shall be eligible to- 
this office, unless at the time of his electioHi 
he sh ill have been an inhabitant of this Com-* 
monweaith, for seven years next prccceding ; • 
and unless he shall, at the same time, be 
seized, in his own right, of a ffeekold within 
the Commonwealth, of the value of one 
thousand pounds; and unless he shall declare 
himself to be of the Christain religion. 

If. Those persons, who shall be qualified 
to vote for Senators and- Representatives, 
within the several downs of this Common^ 
wealth-, shall, at a meeting; to be called for 
that purpose, on fhe fu'st Monda}^ of Apill 
annually, give in their votes for a Governor,, 
t^ the Selcctinea who shall preside at such. 


14 The voters^ GUIDE, 

mectir^ ; and the Town-Clerk, in the pre¬ 
tence and with the assistance of the Select¬ 
men, shall in open town-mec-ing, sort and 
count the votes and form a list of the persons 
voted for, with the number of votes for each 
person against his name ; and shall make a 
fair record of the same in the town books, 
and a public declaration thereof in the said 
meeting ; and shall in the presence of the in- 
feabitants, seal up copies of the said list, at¬ 
tested by him and the Selectmen, and trans¬ 
mit the same to the She ilf of the County, 
thirty days at le.ist before the last Wednes¬ 
day iu May ; and the Sheriff shall transmit 
tlie same to the Secretary’s ofHce, seventeen 
days at least before the said last W ednesdajr 
in xVIay ; or the Selectmen may cause returns 
to be made to the office of the Secretary of 
the Common wealthy seventeen days at least 
before the said day; and the Secretary shall 
lay the same before the Senate, and the House 
oi Representatives, on the last Wednesday in 
May, be by them examined ; and in case 
pf an election, by a majority of all the votes 
returned, the choice shall be by them declar-* 
cd and published. But if no person sbil| 
have a majority of votes, the House of Rep-- 
resentatives shall, by ballot, elect two out of 
four persons, who had the highest number of 
Yotes, if so many shall have been voted for ; 
but if otherwise, out of the number voted fot;; 


T« VOTERS’ GUIDE. 




#nd make return, to the ; Senate, of the two 
persons so elected ; on which the Senate shaU 
proceed, by ballot, to elect one, who shall 
be declared Governor. 


Sect . 2. Lieutehant-Gov?rnoji. 

There ^hall annually be elected a Lict^^ 
tenant-Governor of the Commonwealth of 
IViassachusetts, whose title shall be— hi» 
Honor —and w ho shall be qualified, in poinl 
of religion, property and residence in the 
Commonwealth, in the same manner with 
the GoveriKir : and the day and manner of 
his election, and the qualifications of the 
electors, shall be the same as are required in 
the election of a Governor. The return qf 
the votes for this offifcer, and the declaratioit 
of his election, shall be in the same manner; 
and if no person shall be found to have a 
majority of all the votes returned, the vacan¬ 
cy shall be filled by the Senate and House of 
Representatives, in the same manner as the 
Governor is to be elected, in case no one 
person shall have a majority of the votes of 
the people to be Governor. ” 


^6 The VOTERS’ GUIETE. 

Scci.S, Senators AND Counsellor^., ‘ 

“No pcrseu shall be capable of being 
•elected as a Senator, w ho is not seize d in his 
own right of a freehold w iihin this Common¬ 
wealth, of tlie Viilue of three hundred pounds 
.at least, or possessed of personal estiite to the 
value of SIX hundred pounds at least, or of 
both to the amount of the same sum,and wiio 
ias not been an inhabitant of tins Common-. 
V'ealih fertile space of five years immediate¬ 
ly preceding his election, and at the time of 
his election, lie shall be xm inhabitant in the 
district for which he shall be chosen.” 

There shall be annually elected by the 
freeholders and ether inhabitants of this 
Commonwealth, qualified as in tliis Constitu¬ 
tion is pro\'ided, forty persons to be Coun¬ 
sellors and Senators for the year ensuing their 
election; to be chose n by the inhabitants of 
the districts, into which the Commonwealth 
may from time to time be divided by the 
General Court for that pmpose ; and the 
GeneralCourl in.assigning the numbers to be 
elected by the respective disuicts, shall gov¬ 
ern tliemseh es by the [proportion of the public 
taxes paid by the said districts ; and timclr 
make known to the inhabitants of ihe Com- 
inonwealth, the limits of .each district, and 
the number of Coiinsehors and Senators tp 
be chosen therein; provided Ihxit tlie 


The VOTERS’ GUIDE. 57 

t]fer of such Districts shall be never less than 
tli^rteen ; and tliat no District bQ so larg'e as 
to entitle the same to choose more than six 
Senators. 

By an Act passed June 23, 1802, the 
Commonwealth as divided into fifteen Dis¬ 
tricts, for the choice of Counsellors and Sen¬ 
ators, each of which is entitled to choose the 
number foliowing*^ viz. 


Suffolk 

i^ssex 

5. 

C. 

Dukes County 
Nantucket 5 

1 . 

Middlesex 

4. 

Worcester 

4. 

York 

2. 

Cumberland 


Hampshire 

Plymouth 

4- 

2. 

Lincoln,Hancoek ] 
& Wasliington ^ 


Bristol 

2. 

Rerksliire 

Norfolk 

2. 

<!> 

Barnstable 

1 . 

Kcnnebeck 

1 . 


Ill the above divisio n, the Districts retain 
the names of tlie Counties of which they arc 
coraposed. The new County ofOviord, 
formed from a part of the Counties of York 
and Cumberland, is not mentioned. d'he 
reason is this. It was incorpo ated since the 
last division of the Commonwealth in^o Dis¬ 
tricts for the choice of Counsellors and Sena¬ 
tors, and in the Act of Incorporation it is en¬ 
acted, “That the towns and plantations with¬ 
in the said County of Oxford, in the voting 
for State Senators and Federal Representa- ^ 


SS The VOTERS^ GUIDE. 


lives,shall be considered as forming a part of 
their respective distiicts, Iieretofore known 
by the names of Tofk and Cumberland, 

The time and manner of Electing Coun¬ 
sellors and Senators is as foilcws. 

“ T here shall be a meeting on the first 
Monday of April annually, forever, of the 
inl'iabitants of each town in the several coun¬ 
ties of this Commonwealth ; to be called by 
tht Selectmen, and warned in due course of 
lav/, at least seven days before the first Mon¬ 
day in April, for the purj?ose of electing per¬ 
sons to be Senators and Counsellors.’’ 

“The Selectmen of the several towns shall 
preside at such meetings impaitially ; and 
shall receive the votes of all the inhabitants cf 
such towns, present and qualified to vote for 
Senators : and shall sort and count them in 
open town meeting, at:d in presence of the 
Town Clerk, who shall make a fair record, 
in presence of the Selectmen, and in open 
town meeting, of the name of every person 
voted for, k of the number of votes against his 
name ; and a fair copy of this record shall be 
attested by the Selectmen and the Town 
Clerk, and shall be scaled up, directed to the 
Secretary of the Commonwealth for tlie time 
being, with a superscription, expressing the 
purport of the contents thereof, and deliver¬ 
ed, by the Town Clerk of such town, to the 
SixeriiT of the Countv^ Ln which such Iowa 


The VOTERS’ GUIDE. 


59 


lies, thirty days at least before the last Wed¬ 
nesday in May, annually ; or it shall be de¬ 
livered into the Secretary’s office, seventeen 
days, at least, before the said last "Wednesday 
in May ; and the Sheriff of each county shall 
deliver all such certificates, by him received, 
into the Seccetary’s office, seventeen days 
before the said last Wednesday in May.” 

“ Tlie vSenate shall be the final jud^c of 
the elections, returns and qualifications cf 
their own members, as pointed out in the 
Constitution ; and sliall, on the said last 
Wednesclay in May, annually, determine and 
declare, who are elected by each District, to 
be ^ier-ators, by a majority of votes : and in 
case there shall not appear to be the full num¬ 
ber of Senators returned, elected by a ma¬ 
jority Oi’ votes for any District, the deficien¬ 
cy shall he supplied in the following, manner, 
viz. Tiie members of the House of Repre¬ 
sentatives, and such senators as shall be de¬ 
clared elected, shall take the names of such 
persons, as shall be found to have the highest 
number of votes in such District, and not e- 
Iccted, amounting to twice the number of 
Senators wanting, if there be so many voted 
for ; and out of these, shall elect, by ballot, 
a number of Senators, sufficient to fill up tlie 
vacancies in such District ; and in this man¬ 
ner, all such vacancies sliall be filled in every 
District of the Commonwealth ; and in iik« 


ao Tifs VOTEKS^ GUIDE. 

manner, all vacancies in the Senate, arising 
by death, removal out of the State, or other¬ 
wise, shall be supplied as soon as may be, af¬ 
ter such vacancies shall happen. ” Const> 

Council., 

“ There shall be a Council, foradvisiup’ 
the Governor in the executive part of gov-. 
ernmerit, to consist of nine persons, besides 
the Lieutenauit (lovcrnor, whom the Gov¬ 
ernor ibr the ti^nc being, shall have fullponv 
tr and authority, from time to time, at his 
discretion, to assemble and call together. 
Anti the Governor, with the said Counsel- 
lors, or five of them at least, shall and mav% 
from time to time, hold and keep a Couucil, 
for tlie or Icrinc^ and dircctinc: the affairs of 
the Conimcnwealtb, according to the laws of 
the land. 

Nine Counsellors shall be annuallv chosen, 
ironi among the persons returned for Coun¬ 
sellors and Senatvjfs, on ihe last Wednesday 
in May, by the johg ballot of the Senators 
and Representatives assembled in one rooin. 
And in case there shall not be found, upon 
the first choice, the whole number of nine 
persons, wlio will accept a seat in tlie Coun¬ 
cil, the deficiency shall be made up by the 
electors aforesaid, from among the people 
at large ; and the number of Senators, 
left, fchail cQiistitute tlie Senate for th^ 


The VOTEllS^ GlTlETE. 


61 


year. Tke seats of the persons, thus elected 
from the Senate, and accepting the trust, 
shall be vacated in tlie Senate. 

Not more than two Counsellors shall be 
chosen out of ^ny one district of this Com¬ 
monwealth. ’ ’ Const. 

Sect. 4. Representatives. 

“Every member of the House of Represen¬ 
tatives shall be chosen by written votes ; and 
for one year at least, next preceding his elec¬ 
tion, shall have been an inhabitant of, and 
have been seized, in his own right, of a free¬ 
hold of the value of one hundred pounds, 
within the town he shall be chosen to repre¬ 
sent,. or any rateable estate, to the value of 
two hundred pounds ; and he shall cease to 
represent the said towm, immediately on his 
ceasing to be qualified as aforesaid.” 

“ The members of the House of Repre^- 
sentatives shall be chosen annually, in the 
month of May, ten days, at least, before the 
last Wednesday of that month.” 

“ There shall be, in the Legislature of this 
Commonwealth, a representation of the peo¬ 
ple, annually elected, and founded upon the 
principles of equality. 

And in order to provide fora representation of 
the citizens of this Commonwealth, founded 
on the principles of equality, every cerpor* 


-62 


r^jL VOTERS^ GUI£)£. 


ate town, containing one hundred and 
rateable polls, may elect one Representative 
—e\ery corporate town, containing three 
hundred and seyenty-hve rateable polls, may 
elect two Representatives : every corporate 
town, containing six hundred rateable p®lls, 
may elect three Representatives;—and pro¬ 
ceeding in that manner, making two hundred 
twenty-five rateable polls the mean increas¬ 
ing number, for every additional Represen¬ 
tative :— 

Provided nevertheless, that each tov/n nov/ 
incorporated not having one hundred and fif¬ 
ty rateable polls, may elect one Representa¬ 
tive. But no place shall hereafter be incor¬ 
porated with the privilege of electing a Rep¬ 
resentative, unless there are,wdthin the same, 
one hundred and fifty rateable polls. 

And the House of Representatives shall 
have power, from time to time, to impose 
fines upon such towns, as shall neglect to 
choose and return members to the same, a- 
greeably to this Constitution.” 

An Act for regulating elections was passed 
February 24,1796, the first section of which 
relates exclusively to Representatives, and is 
therefore inserted in this place ; it contains 
all the information nccessrry upon the sub¬ 
ject, excepting what will be found in the 
next Section, in the laws regubting elections 
generally. 


Th e VOTERS’- GUIDE, 




An Act for regulating Elections. 

1. BE it enacted by the Senate and Hohse 
@f Represeniathes in General Court assembled 
and by the authority of the same, That the 
hal^itants of eveiy corporate town liaving a 
right to choose a Representative or Repre¬ 
sentatives ill the Legislature of this Com mon- 
wealth, shall be convened'for that purpose 
annually in the month of May, ten days at 
least before the last Wednesday of the same 
month, by the Selectmen of such town or 
the major part of them : And it shall be the 
duty of such Selectmen, to summon and no¬ 
tify such meeting in the manner there legally 
established for calling other town meetings ;■ 
and the selectmen present shall preside in 
such meeting, and shall regulate the samc;^ 
and shall openly receive, sort and count the 
Written votes which shall there be given by the 
inhabitants present,qualified to vote for Rep¬ 
resentatives ; and shall forthwith publickly 
declare who is or are the person or persons 
elected ; and shall cause the election to be 
recorded in the towm records, together with 
the whole number of votes given in, and for 
whom they were given j and shall cause the 
person or persons so elected, to be notified 


U Tex VOTERS’ GtriDR. 

thereof, by a Constable of the town, or any 
other person specially aiithcrised for that 
purpose by the Selectmen, within three days 
next afterwards ; and the Selectmen present, 
or the major part of them, shall make and 
sign a certificate and return of such election, 
and shall cause the same to be delivered into 
the office of the Secretary of the Common- 
w^ealth, on or before the last Wednesday of 
the same month ; or su ch elections shall be 
certified to the House of Representatives 
thsir acceptance ; and such certiheate may 
be in the form following, viz. 

Common\}jealth of Massachusetts, 

County of Pursuant to a law of 

tliis Commonwealth, the freeholders and 
ether inhabitants of the town of 
qualified according to the Constitution^ 
having, been duly convened in town 
meeting, on the day of May cur¬ 

rent, for the choice of Representatives 
in the Legislature of this Gemmon- 
wealth, did then and there elect A. B. 
being an inhabitant of said towm, to rep¬ 
resent them in the General Court, to be 
convened and holden on the last Wed¬ 
nesday of the same month. Dated at 
, the day of in 

the year of our Lord 180 , and in the 

year of the Independence of 


The VOTERS’ GUIDE. 


65 


the United States. 

Selectmen of' 

The person chosen as aforesaid, was noti« 
fied thereof and summoned to attend by me 
Constable of 

And where the Selectmen of any town, en-- 
titled to choose a Representative as aforesiiid 
shall neglect to notify a meeting, or to pre- 
side or proceed therein as by this Act is re¬ 
quired : And wl^re any 'Fown Clerk shall 
refuse or neglect his duty therein, to the pre¬ 
judice of the rights of the electors, each and 
evefy Selectman and the Town Clerk so of¬ 
fending therein, shall respectively forfeit a 
sum not cx>ceeding eighty dollars, nor less 
than forty dollars, according to the aggrava¬ 
tion of the offence, upon a conviction there¬ 
of. 


Sect. 5. Laws regtdatbijy Elections of Unh^ 
ed States and State Officers generally, 

i. Kn act Jor regulating elections, 

* 2. And be it further enacted^ That the 

^ The first Section of the above Act has 
been already inserted under State Representa^- 
thes, it would therefore he needless to insert it 
here. 



t6 The VOTERS’ GUIDE. 


Selectmen of any corporate town ordlstrict,. 
and the Assessors oFany unincorporated plan¬ 
tation in the several counties of this Com¬ 
monwealth, who shall neglect to call meetings 
of the inhabitants and others privileged 
there to vote for the election of Governor, 
Lieutenant-Governor, Counsellors and Sen¬ 
ators, and to give due waniin-g of the time 
and place of such meeting as required by the 
Constitution of this Commonwealth, or who 
shall refufe or neglect to preside in any such 
meetings, or to receive the votes of the qual¬ 
ified electors present, or who shall neglect to 
ascertain, declare and certify the number of 
votes, or who shall wiilfully make any false 
declaration or certificate thereof, to the pre¬ 
judice of the rights oi the electors, shall for¬ 
feit a sum not exceeding eighty dollars ; nor 
less than forty dollars, lobe recovered from 
each Selectman or Assessor who ?hail off nd 
in the premises, according to the agp;rav:Uio!i 
cf each cffeiice. And etary Tonvu Cieix, 
and Clerk or Assessors of any unincc'. porat- 
ed plantation, present at any such meeting, 
%riiO shall ne glect or refuse to make a fair re¬ 
cord of the votes^ or a fair copy of such rec¬ 
ord, or to attest the same, or w V;o shall refuse 
or neglect to make due and seasoirable return 
thereof to the SlierhT of the county, or into 
the Secretary’s olfcc, as required by the Con- 
aititutiou of this Commomveaithj shall foi fiU 


The VOTERS’ GUIDE. 

a sum not exceeding eighty dollars, nor less 
than forty dollars, for each offence. 

3. Jnd be it further enacted^ That the Se¬ 
lectmen and Assessors, auihorised and re¬ 
quired to preside in any meeting of a town or 
plantation which shall be convened for the c- 
lection of Governor, Lieutenant Governor, 
Counsellors and Senators, Electors of the 
President of the United States, Representa¬ 
tives in Congress, or Representatives in the 
Legislature of this Commonwealth, shall 
have all the powers which are legally vested 
in the Moderator of town meetings for the re¬ 
gulation thereof. 

Axud in such meetings the Selectmen or 
Assessors presiding shall have power, and it 
shall be their duty to prevent and refuse the 
vote of any person not qualified to be an 
lector,whose qualifications shall be determin¬ 
ed according to the Constitution of this Com¬ 
monwealth, or the Constitution of the Unit¬ 
ed States, as the case may be. 

4. And he it further enacted^ That any 
Elector who shall give in more than one 
vote in any one election, and any person who 
shall be disorderly in any such ineeting.shali 
forfeit a sum not exceeding twenty dollars^ 
nor less than ten dollars^ according to the 
difference and aggravation of each offeace. 

5. And be it further enacted^ That if any 
Sheriff, when required by lav/ to make 


•68 


The YGTETIS* GUIDK, 


turn to the Secrctary’s Office, of the vote* 
*of the Towns and Plantations, or Districts 
in their se veral precincts, for any election as 
aiforesaid, shall neglect to make such return 
^vithin the time prescribed, he shall forfeit 
and pay a sum not exceeding Lundred 
dollars^ nor less than fifty dollars for each 
offence. 

6. Afitl he it further enacted^ That all for¬ 
feitures incurred by any breach of this Act, 
may be recovered by indictment, or by ac¬ 
tion of debt, in the name and to the use of 
the Commonwealth, to be found or brought 
in any Court proper to try the same. 

7. Arid be it further enacted^ That an Act 
passed in April, in the year of our Lord, one 
thousand seven hundred and eighty one enti¬ 
tled ‘‘ An Act empow ering the Selectmen to 
call towm meetings for the choice of Repre¬ 
sentatives ; and an Act, passed March clght- 
centli, one thousand seven hundred^cighty 
eight, entitled ‘‘ An Act to prevent neglect 
in Sheriffs, Selectmen and Tow n Clerks res¬ 
pectively, in not calling and presiding at 
town meetiPigs, receiving and returning the 
votes for Governor, Lieutenant Governor, 
Senators and Counsellors, as is pointed out 
by the Constitution of this Commonwealth,’’ 
be, and the same are liereby repealed : Fro*^ 
Gilded however^ that the said Acts shall con¬ 
tinue and be in force for the recovery of any 


The VOttRS* GUIDE. 


6f 


l^enalties or forfeitures already incurred by 
aiiy person for the breach thereof. 


Af! act tn additimi to several lan^s regulating 
elections. 

1. Bte it enacted by the Senate and House 
of Representatives in General Court ossem- 
tledy and by the authority of the samCy d'hat 
it shall not be lawful for the Selectmen of any 
town or district, to appoint a meeting for 
election of a Representative to the General 
Court on any day on which by law the Militia of 
this Commonwealth arc specially required to 
do military duty; and the Sjlectmcn thu6 
appointing any such meeting, shall severally 
forfeit and pay a sum not exceeding 
dred dollars* 

2. Be it further enacted^ That n0 olflcer or 
soldier of the militia, shall be hoiden to do 
ny military duty on any day (except on days 
v/hich are or may be specially prescril^ed by. 
law) on which the Selectmen or Assessors 
of any town or district, shall appoint a meet¬ 
ing for the election of a Representative to th# 
General Court, or on die dfay pointed out in 
the Constitution for the election of GoVei'nor, 
Lieutenant Governor and Senators of ihik 
Commonwiealth, or on any day whigh is or 
be appointed for the choice of Electors 
of President and VIcjc President of the 
HdStates, Cite R^rsentatives to Congi essf 


70 Tj5e VOTERS’ GUIDE. 

Arid it shall not be lawful forany such officer 
to exercise anj military command on either 
of said ciavs, nnk-ss in case of sudclcn inva¬ 
sion m \de or threatened, or in obedience t© 
the orders of the Commander in Ch’cf ex¬ 
cept as is l.erc in l^efore excepted ; and t very 
officer olTendirgherein, shall ibr each oiTence, 
forfeit and pay a sum n(>t less than tai^ nor 
more than three hundred dollars. 

r>. Be it further enacted^ That it shall net 
be lawful for the Selectmen or Assessors of 
any town, district or plantation, presiding at a 
meeting for either of the elections aforesaid, 
to receive any vote, unless delivered in mti- 
ting by the voter in person, and the Select¬ 
men or Assessors who shall offend herein, 
shall severally Ibrfeit and pay a sum not ex- 
ceedirg one hundred dollars. 

4 . Be it further enacted. That all fines and 
forieiturcs ibr any breach of this act, may be 
recovered by indictment before the Supreme 
Judicial Court, or by action of debt before 
any Court proper to try the same, one half 
to the use of this Commonwealth, and the 
other half to the use of any person who shall 
prosecute or sue for the same. 

[PassedJune 29, 1798.] 


The VOTERS’ GUIDE. 


71 

An act in addition to an act entitled “ an act 
in addition to the several acts for regulat¬ 
ing Elections,” and for repealing the first 
section of said act. 

1. BE it enacted by the Senate and House 
Representath^es in General Court assembled 
and by the authority of the same^ That it shall 
be the duty of the Assessors of each town 
and district within this Commonwealth, on,or 
before the first day of March, annually, to 
make out and deliver to the Selectmen there¬ 
of, a correct and alphabetical list of all such 
inhabitants of their respective towns or dis¬ 
tricts, as shall appear to them qualified by 
the Constitution of this. Commonwealth, or 
of the Utiited States,- respectively, to vote 
for Governor, Lieutenant Governor, Sena¬ 
tors, Representatives in the General Court 
or in Congress ; which list it shall be tlie 
duty of the Selectmen of such town cr dis- 
trlct, afsome time within ten days then next 
following, to revise and correct, as to them 
shall appear necessary,so that the same shall 
in their opinion, be a complete list of such 
of the inhabitants within their respective 
towns or districts, as shall be constitutionally 
qualified to vote in the elections aforesaid. 
And the assessors of every plantation are a- 
like required to furnish themselves with like 
fists, on or before the tenth day of March, 
5innually and .it shall be the duty of the Se- 


72 


Th.5 VOTERS’ GUIDE. 


iectmen of the several towns and distric$&» 
^nd tlie Assessors of plantations aforesaid, 
jrespectively, to publish.the said lists within 
their respective towns;^ districts or planta¬ 
tions, by causing true copies thereof to be 
posted up at two or more public places in 
^uch tov/ng, districts or plantations, fourteen 
days, at least, before the first Monday in A* 
pril annually ; and it shall also be the duty of 
the Selectmen of such towns or districts, and 
the Assessors of such plantations to be pro- 
vided with, and have a complete list as aforc% 
said at every meeting for the choice of Gov- 
frnor, Lieutenant Governor, Senators, Rep-, 
yesentatives in the General Court or in Con¬ 
gress ; which list shall be so corrected pre¬ 
vious to the opening of any such meetings 
as to contain all the qualified voters for the 
particular election then to be made ; and no 
such meeting shall be opened at an earlier 
hour than eleven of the clock of the forenoon 
©f the day of election ; and it shall be the du¬ 
ly of such Selectmen or Assessors, to be in 
session at some convenient place immediate¬ 
ly preceedin^ such meeting, for so long lime 
as they shall judge necessary, to receive ev¬ 
idence of the qualifications ol‘ persons whose 
names have not been entered in the list pub¬ 
lished as aforesaid, and to give public no¬ 
tice of the time and place of such meeting, 
when they put^ish the said lists as before di^ 


rK£ VOTf:ilS> GUIDE. 


73 


Sect. S. And he it further enacted, That 
ifie first section of the act to which this is cin 
addition, be, and the same hereby is repeal¬ 
ed. [Passed March 7, 1803. ] 


An act in addition to tihe several Acts for 
regulating Elections. 

^ Sect. 2, Be it further enacted^ That 
whenever a meeting is holdcn in any town 
or place, for the purpose of choosing persons 
for Counsellors and Senators, the Selectmen 
or Assessors, presiding at such meeting, be, 
and hereby are directed to call on the voters 
in such meeting, qualified for choosing such 
Officers, requiring each of them to give in 
their votes on one list for as many different 
persons as are then, to be chosen to the same 
Office. 

Sect. 3. Be it further enacted. That 
i f any person at any meeting for an election 
for any of the Officers aforesaid, shall know¬ 
ingly and designedly give in more than one 
vote or list, at any one time of bailotting at 
any such election, he shall, in addition to the 
fi ne already provided by law against any c- 
lector giving more than one vote in any elec- 
ion, forfeit and pay a fine, not exceeding 
fthi rty dollars. ___ 

Thefrst .action cf this act-IS repealed by 
the fanner one^ and is therefore o mi tied. 



74 The VOTERS^ GUIDE, 

SirCT. 4. Beit further enacted, That ncr 
person shall be permitted to give in his vote 
at any meeting of a town,district, or planta¬ 
tion, holden for rn election to any of the Offi¬ 
ces aforesaid,, until the Selectmen of such 
Town or District, or the Assessors of such 
Plantation, presiding at such election, shall 
have had opportunity to enquire his namc,^ 
and found the same in the list aforesaid ; and 
any person wilfully voting, contrary to the 
provision of this Act,, or who shall give any 
iiilse answerto such Selectmen or Assessors,, 
being duly thereof convicted, shall forfeit and 
pay a fine not exceeding tvoenty dollars for 
each and every offence, according to the na¬ 
ture and aggravation thereof. 

Sect. 5. Beit further cnactedy That if 
jvuy Selectman or Assessor of any Town or 
District, or the Assessors of any Plantation,, 
shall knowingly and corruptly neglect, or 
refuse to comply with,, or to perform the sev- 
■ m::[ duties respectively required of him or 
tl em, as pointed out, in and by this Act,, he 
shall, for each and every such offence, forfeit 
and pav a fine not exceeding ffy dollarSy 
according to the nature and aggravation; 
the ec;. 

^zcT. C). Be it further enacted. That all 
fin's and forreitures for any breach of this 
Act, luav i^e recovered by iiidictment be¬ 
fore the Suprerrie Judicra! Court, or by ac- 
MiOLi of debt before any Court proper to hear 


The VOTEHS^ GUIDE. 


and detenniae the same ; one half to the use 
of this Commonwealth, and the other half to 
the use o.' any person who shall prosecute or 
sue for the same. 

SiiCT. 7. And he It further enacted^ That 
this Act shall be in force from aiid after the: 
Srst day of July next. 

[PassedMarch 7, 1801-] 


An act in addition to an act^ entitled “ an^ 
act ill addition to an act, entitled an act in¬ 
addition to the several acts for regulating 
elections, and for repealing the first section 
of said act.’^ 

StCT. 1. BE it enacted by the Senate and- 
' Mouse of Representati^s^ in General Court 
assembled^ and by the authority of the same^ 
That any meeting mentioned in the first sec-' 
tion of the act, entitled “ an act in addition 
to an act, entitled an act in addition to the 
several acts for regulating elections, and for 
repealing the first section of said act,” passed 
i March the seventh, one thousand eight hun¬ 
dred and three, in any town where the num¬ 
ber of qualified voters shall exceed five hun¬ 
dred, may be opened at an earlier hour than 
! eleven of the clock in the forenoon, of the 
‘! d^y of election, at the discretion of the Se- 
j lectmen of such tonn, any thiCig in said act 
i to the coii ru y noiwithstaLcling. 

Sfc.cT. And be it further enacted^ That 





Ths voters^- GUIDEo^’ 

in any town, where the number of qualified^ 
voters shall exceed one thousand, it shall be 
the duty of the Selectmen of such town to 
be in session at some convenient place, on 
the day immediately preceeding such meet-- 
ing; and where this shall happen on Sun¬ 
day, then on the Saturday immediately pre¬ 
ceeding such meeting, and for a time as 
much longer, previous to said day, as they 
shall judge necessary, to receive the evidence 
of the qualifications of persons mentioned in 
the first section of the act to which this is 
addition. 

[Passed Macrh 15, 1805.] 



The VOTERS’ GUIDE. 71 


M** KP> K9* *0* «9* 1^ «<»* ««»> 

CHAP. III. 

C/" the ^iaUfications of County. OficersyViUh 
the time and manner of their election. 

Sect. 1. R:^gister ojf Deeds* 

The following “ Aet for the more safw 
keeping, the Registry of Deeds and Conveyan^ 
ces of Land ^ and for appointing the Time and 
Manner of choosing Registers^ points out 
their quaiiiications and tae manner of their e* 
lection. 

\.BE it enacted by the'"Senate and House 
Representatives^ in General Court assembled^ 
eind by the authority of the same, 'fhat there 
shall be chosen in each county within this 
Commonw^ealth, by the written votes of 
such persons as are by the constitution quaU 
ified to vote for representatives in the several 
towns, at their respective annual town meet- 
ings in the month of March, one thousand 
ftcven hundred and eighty six, some discreet 
suitable person, having a freehold \t'ithin the 
^me county, of the annual income of tea 
pounds at the least; the votes to be counted 
end sorted in the town meeting by such 
persons as shall be chosen to count and s jit 
tjie yotes for that meeting ; the names of 



78 


The voters^ GUIDE. 


the persons voted r, and the number of 
totes each person ha ’, shall be recorded by 
the Town Clerk, in the town book, and an 
attested copy of such record shall be trans¬ 
mitted under seal to the next Court of Gen¬ 
eral Sessions of the Peace, to be held within 
and for the county, on the first day of the 
Court’s setting there, to be opened and 
compared with the like returns from the sev- 
enil towns in such county. And the person 
having the majority of the said votes, and 
accepting of the said office, after being sworn 
to the faithful discharge of the trust before 
the Supreme Judicial Court, or Court of 
Common Pleas, Court of Sessions, or tw o' 
Justices of the Peace within the county g'uv- 
rum unus ; and giving bond to the Clerk of 
the Couit of General Sessions of the Peace 
in the said county, with t\vo sureties in the 
Eum of five hundred pounds, for the faithful 
discharge of his trust, shall be and continue 
in the said office five years, and until 'some 
other person shall be chosen and qualified in 
like manner in his stead, unless sooner re^ 
moved or displaced by order of the Court of 
C.ei^eral Sessions of the Peace in such coun¬ 
ty, for misconduct in the dis:charge of his 
duty ; and the person so cliosen ard qualifi¬ 
ed asafore^id, shall reside and keep his of¬ 
fice daily open in the shire town of the coun¬ 
ty, and thenein. kfep‘the books, records, 
iles, iuid papers to the said office belonging.. 


The VOTERS’ GUIDE. 7S> 

And bj it fur A. e- enuc^tcU I'hat upon, the 
Oa'h- rrrO:,.. a^ ,, ( reaioval of any Uegis- 
. i • , o or more Ju^]dccs of the 
Fpace quorum living in or N-iirtlie shire 
town OiOlic same shall . issue their 

warrants directed to the Selectmen of the 
several towns within sucli count} , ordering 
them forthwith to convene llin iiJubitants of 
their respective tpwns, qualified as the Con¬ 
stitution provides, to vote for representatives, 
and proceed to the choice of some meet per¬ 
son qualified as aforesaid to fill up the vacan- 
cy-; and the said Justices shall make their 
warrants returnable to themselves at a certain 
day, as soon as con\ eniently^ may be, order-' 
ing the Selectmen to seal up and transmit a 
transcript of the record of the number of 
votes‘ and person or persons voted for in 
their respective toxi ns as before directed, 
together widi the warrants; and the above 
said Justices shall at the same time give out 
their notifications to the other Justices of 
such county of their proceedings therein, 
notifying them to meet upon the day appoin¬ 
ted for the return of said warrants, at some 
ccrta.in place in the shire town ; and the ma¬ 
jor part of the justices of such county, xvho 
shall meet at the time and place assigned as 
aforesaid,shall op^n and compare the returns 
niade as before directed, and the person 
ha ing the majority of votes after being 
sworn, and giving bonds as aforesaid, shall 






so Tai VOTERS^ GUIDR 


be the Register of Deeds for such county, 
until the time appointed by this act lor the 
election of Registers of Deeds throughout 
die Commonwealth, unless sooner removed 
by the Court of General Sessions of die 
Peace of the same county, for misconduct 
in the discharge of his duty. 

And be ii further enacted by the authority 
aforesaid^ 1 hat upon any second oi subse¬ 
quent removal of any Register of Deeds, icr 
cither of the causes aforesaid, or in case any 
vacancy shall hapjien in the office of Regis¬ 
ter 01 Deeds,in any county within this Com* 
men wealth, before the month of March, one 
thou sat d c even hundred and eighty six, ihe 
same mode of procedure as is herein before 
provided in case of the death resignatiori or 
removal of any Register of Creeds, shall be 
constantly observed in cider fox a new choice 
from tin-e lO tune, undi some discreet and 
meet person, qua;iliofl as aforesaid, shal be 
cho.'cn to the said office by ^he majority of 
the votes returned, In \ hich ease the person 
60 chosen, after being suorn and <;bhg<,d ns 
aforesaid, shall be Rogist( r >f Deoi'S for 
*uch county, until some oiher shall be eho- 
mi. 

And be it further cnacted. That upon 4 
vacancy in tiie oicer iJ. T^^ < - • hi 

any coupiy, the Ca rk of the Cor.r^ of Corn* 
mon Pleas of r.o ouiny ’ i- g iiut 

kefore two Jusuces of tlie Peace, quorum 


The VOTERS" GUIDE. 81 

theli^ithful discharge of the trust, 
■shall take into his custody the scvrerai books 
^^ here!n the deeds and convc} ances of land 
are recorded, together with the deeds and 
other papers to the said ofBce belonging. 
And the said Clerk shall receive all deeds 
and other papere brought to be recoixled 
during such vacancy,and he si mil note there¬ 
on the time of their being received, and the 
j'ecord shall biire date accordingly, for which 
he shall be allowed six peace for each deed 
or paper, and no more ; and such Clerk is 
also empowered, during such vacancy, to 
•m^ake but attested copies of any such deeds 
and other papers and records to him com¬ 
mitted as aforesaid, which copies shall be 
valid to all intents and purposes, as though 
the same had been made out by any Regis¬ 
ter chosen, qualified, sworn and obliged as 
aforesaid, for which copies the said Clerk 
shall be allowed the same fees as is or may 
be provided for Registers in similar cases. 
And upon the appointment of a Register aa 
aforesaid, he shall deliver up the said books, 
'deeds endpapers into his hands. 

And be it further enacted by the authority 
aforesaid^ That the qualified Voters as afore¬ 
said in each respective town within this 
Commonwealth, at tlieir annual meeting in 
March^ seventeen hundred and ninety one^ 
and every five years from thence successively 


82 


The VOTERS’ GUIDE 


following, forever, at their several towA 
meetings in Marche shall be, and hereby 
are empowered and required, to proceed to 
choose a Register of Deeds for each county 
respectively within this Commonwealth, 
qualified as in this act is directed, the man¬ 
ner and^termination of the choice,initiation 
into office, apd the duties and obligations he 
shall be under while in office, to be the same 
as in this act is before expressed. 

And be it further enacted^' That if upon 
comparing the votes that may be collected 
in Marchj one tliousand seven hundred and 
eighty six, or in the month of March at any 
period five years afterwards, no person shall 
be chose by a majority of the whole vote^ 
returned, the Court of Sessions shall issue 
their warrants to the Selectmen of the several 
towns, to call a meeting of their respective 
towns to vote a second time for the choice 
of a Register, and make their warrants re¬ 
turnable at the next Court of General Ses¬ 
sions of the Peace to be held in the same 
county, and so mies quoties, until some one 
person shall be elected by the majority vo¬ 
ting. And to the end there may not be too 
great a risque of fire by keeping more public 
records, papers, aiid files in one house un¬ 
der one roqf than is necessary ; 

Be it further enacted^ That no Clerk of 
any Court of Ceixnnon Pleas, or of the Su -1 


The VOTERS’ GUIDE. 


83 


preme Judicial Court, shall at the same time 
be the Register of Deeds for any county. 

[Passed March 17, 1784.] 

By this act, it wHl appear that each 
County in the Commonwealth is to .choose 
one Register and no more. This we believe 
to be true as it respects all the counties ia 
the state^ excepting Hampshire, Berkshire, 
York and Oxford. These by additional 
acts have been divided into more than one 
Dictrict, viz. Hampshire into three, Berk¬ 
shire into three, and York and Oxford into 
lliree. But as these laws do not effect their 
qualiheations or the time and manner of their 
clioice thc}’ arc oniititck 

By an Act piissscd June 18, 1791. The 
Court of Sessions are authorised, whenever 
it shall happentliat no person has a majority 
of votes for Register, to adjourn for the pur¬ 
pose of opening the votes returned, upon a 
new warrant, to some day previous to the 
next Court of Sessions, by law to be holdei) 
ia the County. 

Sect-, 2. County Treasurer. 

By a passed March 5:3, 1786, it is 
enacted, “ That there^shail be annually cho¬ 
sen in each county^ within this Common¬ 
wealth, in thc month of MarchoT April, by 
the written vote« of snch pcrsoiits as are by 


84 The VOTERS’ GUIDE. 

the constitution, qualihed to vote for Repre¬ 
sentatives in the several tQ\^ ns or districts, a 
discreet suitable pei^on, being a ft'eeholder, 
and resident in the same county,, for a county 
Treasurer; the votes to be counted and sor¬ 
ted in the town or district meeting, by the 
Moderator thereof and Town Clerk ; the 
names of the persons voted for,, and the 
number each person had; shall be, recorded 
by the Clerk, in the town or district book,, 
and an attested copy of such record shall be 
transmitted under seal to the next Court of 
General Sessions of the Peace, to^be held 
within and for the same county, on the first' 
day of tlie Courtts sitting ; there to be open, 
ed and compared with the Tike returns fron^ 
the several towns and distficts Ih siich coun¬ 
ty: And the person having the rnajority of 
tiie s lid votesj and acOepting of the said of. 
iice,after being sivorn to the fiiithful discharge 
of the trust before the said court, or any tVvo 
justices thereof, qiiorum uhus, and giving, 
bond for the faithfu] discharge'-of the trust, 
with sufficient sureties, in such penal sum as 
the Court sbail 'direct, to the clerk of the 
peace for the same: county, for the time, be¬ 
ing, and his successor in that ofFice, shall, 
continue in theraaid office, for the tenm of 
one year, and until some other, person, shall 
be cho.sea-and qualified a.s aforesaid,, in hia 

room.9 



THE VOTERS’ GUIDE. 85 

And in case*^ upon comparing the votes 
returned as aforesaid, no one person shall 
have a majority of the whole number of votes 
returned, or the person chosen shall decline 
accepting the office, or after accepting shall 
die, or resign, or remove out of the county,' 
within the year j then, and in such case, it 
shall be lawful for the Justices of the same 
Court to appoint by ballot a suitable person, 
being a freeholder in the same county, to. 
that office ; and the person thus appointed by 
the Justices of the General Sessions of the 
Peace, and accepting the office^ and being 
sworn to the faithful discharge of the trust, 
and giving bond as before directed, shall be 
Treasurer of said county, for the remainder 
of the year, and until some other person 
shall be chosen and c]ualified in manner as ^ 
ibresaid.-” 



U The VOTERS’ GUIDE, 

*itn «<^ •«»,> *0^’ t/S>^ k^- kfl** 

CHAP. IIIL 

Of the unpottdnce ofTo’Von Officers^ a gener- 
' al sketch of some parts of their duty^ and 
the time 'and manner of their Election, 

Sect, 1. The importance of Town 
Officers. 

. Man}^, and in some places, nearlj all town 
offices, are-considered of very small impor¬ 
tance, and it is with difficulty that any suit¬ 
able person can be persuaded to accept of 
them. This is ah evil which ought not to 
eptist ,in a republican government, for no 
man should considerbimself above ^perform¬ 
ing the duties of any office, when called upon 
by the wishes of his fellow citizens. 1 o 
those, who think it a diminution of their dig¬ 
nity, to perform the duties of the smaller of¬ 
fices of society, I would recommend a fre¬ 
quent perusal of the following passages ex¬ 
tracted from the life of the learned Plutarch. 

“ He did not think that philosophy, or the 
pursuit of letters, ought to exempt any man 
from personal service in the community to 
M hich he belonged ; and though his literary 
labors were of the gi'eatest importance to the 
w'orld, he sought 310 excuse in those from 


87 


Tm VOTERS* GUIDE. 

discl^arging offices of public trust in his lit¬ 
tle city of Chseronea. 

It appears that he passed through several 
of these offices, and that he was, at last, ap¬ 
pointed archon, or chief magistrate of the 
city. 

With regard to the inferior offices that he 
bore, he looked upon them in the same 
light, as tlie great Epaminondas had done, 
who, when he was appointed to a commis¬ 
sion beneath his rank, observed, “ that no 
“ office could give dignity to him that held 
‘Mt; but that he held it might give 
“ dignity to any office.’* It is not unenter¬ 
taining, to hear our philosopher apologize for 
his employment when lie discharges the of¬ 
fice of commissioner of sewers and public 
buildings. I make no doubt,” says'he, 
‘‘ that the citizens of Chssronea often smile, 
^ when they see me employed in such of- 
“ fices as these. On such occasions,! gen- 
erally call to mind what is said of Antist- 
“ h^nes. When he was bringing home, ia 
“ his own hands, a dirty hsh from the mar- 
ket, some, who observed it, expressed 
their surprise. It is for myself, said An- 
tisthenes, that I carry this fish. On the 
contrary, for my own part, when I am 
rallied for measuring tiles, or for calcula- 
ting a quantity of stones or mortar, I an- 
“ swer, that it is not for myself I do these 


m Thk voters* GUIDF. 

things, but for my country. For, in aB 
things of tMs nature, the public utility 
** takes off the disgrace ; and the meaner 
the office you sustain may be, the greater 
is the compliment that you pay to the 
public.^’ 

If such men ns Tlutareh and Epaminondas^ 
considered it no disgrace to accept of small 
offices for the good of the Public, >vill our' 
country Gentlemen and Esquires discover' 
iheir dignity or wisdom in rdusing to accept 
them 7 

It is true that for the performance of the 
duties of Town offices, the pecuniary 
recompense is not in proportion to the ser¬ 
vice to be performed, but ‘in general, iher 
sacrifice is small, and in no case more than' 
every good man ought cheerfully to make, 
When requirech 

But the refusal to accept of the smaller 
offices in towns is not the only error which 
prevails Upon this subject, they are too fre- 
fpjently considered by the voters themselves 
as very unimportant. This error pral>ably 
arises from the want of a due attention to 
the nature' and design of our civil institu¬ 
tions. 

GnyciTtnlent is a sy%term composed of 

(v; n:'vts, the object of v he h sy-nrm is, 

'’ohoh jMstice, insure sd :. nari**^ 

Ox’ov'uIcTeft" the defcYicei 


The VOTERS’ GUIDE^' 

promote the general welfare, and secure the 
blessings of liberty to ourselves and posteri¬ 
ty.” If the constitution and laws of this 
state are calculated for these purposes, aswc 
believe they are, it will readily be perceived, 
that these objects, cannot be comple^^ely ob¬ 
tained, unless all the parts of our system of 
government are earned into proper opera¬ 
tion. It will also be readily perceived, that 
every office in the State, however small it 
may be considered, forms a part of our sys¬ 
tem of government ; it follows, therefore, 
that every ofiice consideied in conudeiion 
\Vhh the general system is highly important. 
The bad effects of a defect in one of the 
smaller parts of the system, may not be; im-: 
mediate^ felt, but in time it will extend it-, 
self from one part to another, until tlte Whole 
becomes deranged. 

Let then no office> in our governm'ent he 
thought unimportant. Consider -that, “ so¬ 
ciety consists of a number of different cir¬ 
cles, of various magnitudes and uses ; and 
that circumstance,' wlvei ein, tlie principle of 
patriotism chiefly consists, whereby the duty 
of patriotism is best practised, and the hap¬ 
piest effects to the general w^eal pi'oduced, is 
that it should be the desire and aim of every 
individual to fill well his own proper circle, 
as a part and member of the whok^ with ^ 


fO The TOTERS^ GUIDE. 

view to the production of general liappiv 
Bess.”^* 


Sect, 2, Or the nimREi^T 

OfFICERS. 

1 . Moberator. It is the duty of thifS 
officer to preside at, and govern town meet*- 
ings, except in those cases where it is the 
particular duty of the Selectmen. 

2. Town Clerk. A Town Clerk is to 
record the proceedings of town meetings 
during the year for which he is chosen 
and until another is chosen and 
sworn in his stead. He is, in certain cases, 
to give copies of ProprietorsRecords—to re¬ 
cord Searchers of Beef,Pork E^:c. —to swear 
Town officers,—to read the Riot Act and 
the Act against profane cursing and swearing 
at the annual town meetings in March or A- 
pril—to record stra 3 ^s and lost goods—to 
issue a v/arrant for the sale of swine impoun¬ 
ded—to keep the jury boxes—to record 
births, marringes and cleaths—and to sum¬ 
mon witnesses. 

5. Selectmen or Tow nsmen. 3, 5, 7 
or 9, able and discreet persons of good carreer^ 
saticti. Selectmen are officers of great inv 

* WHberfoves, " —— 



The voters* GUIDE. 91 

porlance in towns, and their duty is vciy ex¬ 
tensive. It does not, however, come within 
the plan of this work to give an account of 
their power and duty. We shall merely 
mention, that they are to summon all town 
meetings, to be overseers of the poor, and 
also Assessors, in towns which neglect to 
choose tliose officers, and that they arc to 
appoint tiie following town officers, viz. 
Searchers of beef pork and dsh—Engine 
Men — Measurers of Wood-r-Sealers of 
JFeighis and Measures — and Vievsers and 
Sealers of Moulds Jor Bricks —they are also 
to Yic(sws,t\auctioners» 

4. Tr E A s u R E R. The duty of this offi¬ 
cer is to receive from Collectors the monies 
by them Collected for the town, to prose¬ 
cute those Collectors who are delinquent, to 
keep an account of the monies they receive 
for the town, and pay the same out agreea¬ 
bly to the direction of the Selectmen. They 
are also to enforce the payment of the taxes 
assessed by School Districts, and to sue 
Justices for fines which they have received 
that belong to the town. 

Assessors. Three er more. The general 
duty of .these officers, is to assess the polls 
of, and estates within their town, their due 
proportion of state, county and town taxes, 
and commit tl\cm to the Constable cr Co»- 


^2 The VOTERS’ GUIDE. 

stables, Collector or Collectors of their 
town, if any such their be, otherwise to the 
sheriff or his deputy, with a warrant author¬ 
ising their colleetion. Their duty is evi¬ 
dently important, whether considered as af-, 
fccting the interests of those persons, who 
are possessed of tartalole property,’ or as op¬ 
erating upon their right to vote in town af¬ 
fairs. 

6. Overseers of the Poor. Any nuwi^ 
her net exceeding tvjehe. Towns may or 
may not choose Overseers of the Poor, at 
their discretion. Where they do not choose 
them, the Selectmen are such ex officio. 
Their duty respects solely the support of 
the Poor of the town in which they are cho¬ 
sen. 

7. Fence Viewers. Tvjo or more judi* 
eiousand dhertet freeholders. When the 
occupants of adjoining lands cannot agree 
upon a division of the fence between them, 
or have any dispute about the respective oc¬ 
cupant’s right in partition fences, or his Or 
their obligation to maintain the same, either 
party tip on application to two or more fence- 
view ers may have the same settled and de¬ 
termined. 

8. Tytmingmen. T)thlngmen are to 
inform of ail offences against the act provi¬ 
ding for the due observation of the Lord’s 
day—and carefully to inspect all licensed 


Tke VOTERS’ GUIDE, 


95 

houses, and inform of all disorders or misdc- 
meanors which they shall discover, or know 
to be committed therein. If the laws pro- 
viding for the observation of the Lord’s duy^ 
and for the regulation of licenced houses are 
such as ought to be carried into eilect, is k 
not disgraceful to the state,that towns either 
neglect to choose Ty thingmen, or if they do 
choose them, that those Tythingmen entirely 
neglect their duty ? 

9. SuRvayoRs of High wavs. Two or 
more. Surveyors of Highways are to sec 
tha't roads, within their limits are kept in re¬ 
pair. Those who neglect their duty, ia 
this respect, are liable to be fined, and town* 
are liable to pay double damages to any per¬ 
son who is injured, in consequence of a de¬ 
fect in the bridges, causeways or roads 
which they are by law obliged to keep in re¬ 
pair. 

10. Surveyors and Measurers of 
hoards^ plank, wnber and sbtwork. All boards 
&,c, before they are ofiered for sale are to be 
surveyed and measured, and every town is 
obliged by law to choose persons for this 
puqiose. 

11. Surveyors of Shingles,Clapboard;^, 
Staves and Hoops. One or more. All Shin¬ 
gles, Clapboards, Staves and Hoops are to be 
made according to law, before they are ex¬ 
posed to sak. It is the duty gf every town 


94 The VOTERS" GUIDE. 


to choose Surveyors for this purpose., and It 
is important that surveyors should attend 
strictly to their duty. 

12. Viewers and Cullers of staves 
and Hoops. T'wa or more.. These officers arc 
to be chosen in those towns only from 
whence staves or hoops are usually expor¬ 
ted beyond sea. 

13. Constables. One or more. Where 
no Collectois are chosen, or being chosen, 
refuse to serve, the taxes are to be collected 
by the Constable or Constables. Consta¬ 
bles are to execute Coroner’s warrants, to 
serve and return venires for jurymen, and 
to serve writs in personal actions, not ex¬ 
ceeding seventy dollars damage. 

14. Collectors of tanjces. One or more^ 
The duty of this officer relates to the collec¬ 
tion of taxes. We shall, therefore, barely 
mention,, and that because we believe it is 
not generally known, that they are obligedi 
once in two months, at least, to exhibit to 
the'Selectmen a just and true account of all 
the monies they have received on the several 
taxes committed to them, and to produce 
the Treasurer’s receipt for all the monies by 
them respectively paid into the treasury 
Those Collectors, who neglect to render an 
account as aforesaid, arc liable to forfeit and 
pay for every neglect, the sum of two and a 
half per cent on the sum or sums committed 


THE VOTERS’GUIDE. 9* 

to them to collect, to the use of the town of 
which they are collectors^ 

15. Assay Masters. These officers 
are to be chosen in those towns only where 
distilling is carried on. 

16 Fire- Wards. In towns, where the 
qualified voters shall think it expedient, they 
may choose any number of Fire-Wards they 
may judge necessary. 

17. Cullers Or Fish. In seaport towns, 
a suitable number. 

18. Hogreeves, Two or more. 

1 9 . Health Committee. Li towns 
which-judge it necessary, not less than five, 
nor more than nine. 

20. Health Officer. This Officer 
may be chosen in towns wLich think proper, 
in lieu of a Health Committee. 

21. iHSPEGTeR OF LiME . Ill towns 
where lime is imported or manufactured, 
these officers are to be chosen, Vv^hose duty 
it is to inspect the quality of the lime and 
size of the casks. 

22. Field-Drivers. Two or more. 

23. Fish-Reeves. One or more. 

24. Ov ERSIERS OF WorKSOUSES. Ih 
towns where work-houses are erected, three, 
Uve, seven, or more. Where several towns 
join together in erecting a work house, each 
town so joining shall choose three, or such 


$e 


THE VOTERS^^ GUIDE. 


other number as all the towns engaged, shall' 
agree upon. 

25. Pound Keeper. 

26. School Committee. The Minister 
and Selectmen of each town in the state,, 
are to inspect the Schools in their rcspective 
towns, unless the town think proper to 
choose a School Committee,, which they may 
do, or not, as they think proper- 

The reader is not to suppose that the very 
«hort sketch we have given, of some of the 
duties of the several town officers, will be a 
guide to those officers, in the peiformance 
of their duty. This was a thing, which did 
not form any part of the plan of our work, 
and our only object, in the short sketch we 
have given was, that the general nature and 
design of those offices might be understood# 


Sea 3. Of the time and manner of 

CHOOSING TQW'N OFFICERS. 

Upon this subject, nothing more is ncccs- 
wy, than to publish the following act. In¬ 
deed, some parts of it might with propriety 
be omitted, but as it contains nothing but 
■what relates to the regulation of towns, and 
the choice of town officers, no part of it, we 
presume, will be considered as unimportant# 


It:HE VOTERS' GUIDE, 


91 


An Act for regulating Towns, setting forth 
their Power, and for the Choice of Town 
Officers, and for repealing all Laws hereto¬ 
fore made for that Purpose. 

JBe it enacted by the Senate arid Souse of 
Representamest in General Court assembled^ 
and by the authority of the same^ That the 
bounds of all townships shall be, and remain 
as heretofore granted, settled and establish¬ 
ed. And to prevent an interference of j.uris- 
diction, the lines between towns shall be ruuj 
and the mark s renew^ed within three years 
from the last day of March instant, and once 
every five years forever after, by two or more 
of the selectmen of each town, or such other 
persons as they shall in writing appoint, to 
run and renew the same; and their proceed¬ 
ings, after every siich renew^al of boundaries, 
shall be recorded in the respective town 
books. The selectmen of the most ancient 
town to give notice in writing unto the 
selectmen of the adjoining town, of the time 
and place of meeting for such perambulation, 
ten days beforehand ; and the selectmen who 
shall neglect their duty in notifying or at¬ 
tending, either personally or by their substi¬ 
tutes, to perambulate the line, at the time 
and place assigned as aforesaid, shall several¬ 
ly forfeit and pay the sum of f^oepounds, two 
thirds to the use of the towns which shall com- 


98 The VOTERS^ GUIDE. 


ply with their duty as aforesaid,, and the o- 
iher third part unto any two or more of the 
selectmen of the town so complying, who 
are hereby empowered to inform or sue 
therefor, in the Court of Common Pleas 
for the same county, at any time within two 
years after the forfeiture shall be incurred, 
and not afterwards. 

II. Be It further enacted by the authority- 
aforesaid, That the freeholders and other 
inhabitants of each town in this government, , 
who shall pay to one single tax, besides the 
poll or polls, a sum equal to two thirds of a 
single poll tax, shall, in the month of March 
orApriL annually, meet and assemble at such 
time and place, in the same town, as they 
shall be notified to attend, by the constable 
or constables of the town, or such others as 
the selectmen shall appoint to notify the same; 
and the said freeholders, and other inhabi¬ 
tants, shall then and there, by a major vote,- 
chcose a clerk ( who shall be under oath 
truly to record all votes passed in such and 
other town-meetings during the year, and 
until anodier cicrk shall be chosen and 
sworn in his stead, and also faithfully ta 
disclu ' gc al■ the otlicr duties of his said 
office ) inree, five, seven or nine able and 
discreet persons, of good conversation, in- 
habiang in the town, to be select¬ 
men or townsmen, and overseers of 


THE VOTERS’ GUIDE.- 


9 ^ 


the poor, where other persons shall not be 
pai'ticularly chosen to that office ( which 
any town may do il they shall think it neoes-^ 
sary and convenient) three or more asses¬ 
sors, two or more judicious persons for 
fence-viewers, treasurer, surveyors of high¬ 
ways, surveyors of lumber, wardens, tyth- 
ing-men,^ sealers of leather, measurers of 
wood, clerks of the market, constables, and 
other usual town-officers ; the said officers 
to be chosen by ballot, or such other meth¬ 
od as the voters agree upon. And the town- 
clerk, or two of the selectmen, shall forth¬ 
with make out a list of the names of all those 
who shall be then chosen into office, of 
whom an oath is by law required, and de- 
Kver the same to some constable or consta¬ 
bles of the same town, together w ith a w^ar- 
rant to him or them directed, wdio is here¬ 
by required, within three days after receiv. 
mg such w^arrant, to notify and summoa 
each of the said persons to appear before the 
town-clerk,within seven days from the time 
of such notice, to take the oath by law pres¬ 
cribed to the office into which they arc sev¬ 
erally chosen ; ard every .person who shall 
neglect to epp* arben re the to w’li-clerk, with¬ 
in the said sc\’e!t days, and *ake the oath of 
office unto !dcii he is chosen and summon¬ 
ed 'or. . d. wni.h oa th tlie town-clerk is 

*7 by a hie law,is renJ. red vfelefssar.d every 

tsio .f ■ jj Lccihe'^jia to Jiumpu nvith htsewn name. 



m The VOTERSv GUlDE.^ 

hereby authorized to administer ( unless 
such pcrsoit is by law exempted from serv¬ 
ing in the office ) shall forfeit and pay to 
him or them that will inform or prosecute 
therefor, the sum of thirty shillingsy except 
constables and such other officers, for who^e 
neglect a different penalty is provided, two 
thirds for the use of the town, and the other 
third to the use of the prosecutor. 

Pravided always^ That any person who 
shall take the oath of office before a Justice 
®f the Peace, and file a certificate thereof 
with the town-clerk, within the said ten days, 
shall be exempted from the said fine ; and 
every constable shall,atthe expiration of the 
term of ten days from the time of receiving 
such warrant, make a return into the clerk’s 
office of the same town, of the warrant to ' 
him committed as aforesaid, with his doings^ 
thereon, for a neglect of wffiich, he shall 
forfeit and pay the sum of forty shillingsy to' 
be to the use of the town ; the constable to' 
be allowed such reasonable sum for his 
services upon this and other town busmess, 
as the inhabitants sfeidl agree upon. 

III. And be it further enactedy That no^ 
person shall be obliged to serve in any town* 
office two years successively ; nor shall any 
person in commission for any office, civil or 
nvUtary, church officer, member of the 
Council, Senate or House of Representa- 


Tut VOTERS' GUIDE. 


101 


tlves, for the time being, nor any one who 
has served in the office of a constable or col¬ 
lector of any town, district, parish or pre¬ 
cinct, within seven years,be obliged to serve 
in the office of constable ; and every person 
chosen to the office of constable,and not ex-i 
empted as aforesaid, who shall refuse to 
take the oath to that office prescribed, and 
to serve therein, if he be able in person to 
execute the same, shall forfeit and pay to the 
use of the town, the sum of pounds, and 
if in Boston, Salem or Newbury port ^ ten 
pounds, and shall, if present, forthwith de¬ 
clare his acceptance or refusal; and in case 
he shall' not declare his acceptance, the town 
shall proceed to a new choice, and so from 
time to time until one shall accept and be 
sworn ; and any person who shall be present 
and declare his refusal'to serve in the office 
of constable,, or who shall neglect, after be¬ 
ing summoned as aforesaid, to take the oath- 
of office, for the space of seven days next 
after such summons, and shall- also neglect 
to pay the fine aforesaid, shall, upon the ap¬ 
plication of the town treasurer, be summon¬ 
ed before the Court of General Sessions of 
die Peace in the county in which such town 
lieth ; and a certificate undfcr the hand of 
the clerk, or two. of the Selectmen, certifying; 
that such Iverson was legally chosen to the 
•ffiee of constable, shall be admitted as evir 


im Tae VOTERS’ GUIDE. 


dence of the fact ; and if the person surn^ ■ 
moncd shall make default, or appearing shall . 
not shew sufficient cause to the Court for his 
refusal, the Court shall order a warrant tin- t 
der the seal thereof, directed to any of the i 
constables of the same town then in office, | 
to levy the fine by distress and sale of the * 
offender’s goods and chattels, returning the 
overplus (if any be) together with the costs j 
arising on snch prosecution ; and for want | 
of goods and chattels, to commit the delin¬ 
quent to prison, until the same shall be paid. 
And the town clerk shall make a record of 
such persons as shall from time to time, be- 
sworn into office before him, or of such as- 
shall file certificates of their being sworn as 
aforesaid. 

IV. And be it further enactedy That when || 
by reason of non acceptance,death,or remoV'' 
al of any person chosen to office in any 
(town, at the annual meeting for the choice 
cf town officers, or at any other time, or by 
reason of a person’s becoming non compos^- 
there is a vacancy, or of £uch officers, 
the town, being orderly assembled in the 
manner this act directs, may proceed to. a ij 
new choice of officers, to supply and fill up I 
such vacancy y and the person or persons »! 
.thus chosen and sworn before the town 
clerk, or a Justice of the Peace (in case an 
;#ath of office is by kw required) shall hav« 




The VOTERS’ GUIDE. 


103 


the same power and authority to discharge 
the duties of the office, as though cliosen 
at the annual meetmg for the choice of town 
officers. 

V. And he it further enacted by the au-- 
‘ ihority aforesaid^ That when there shall be 
occasion of a town meeting, the constable oar 

( constables, or such other person as shall be 
appointed for the purpose, by warrant from 
the selectmen, or the major part of them, 
shall summon and notify the inhabitants of 
such town, to assemble at such time and 
place, in the same town, as the Selectmen 
shall order, the manner of summoning the 
inhabitants, to be such as the town shall 
I gree upon ; and when ten or more of the 
I freeholders of the town, shati signify, in 
writing, their desire to have any matter or 
thing inserted in a warrant for calling a 
meeting, the Selectmen arc hereby required 
to insert the same in the next warrant they 
shall issue for a meeting, or call a meeting 
for the express purpose of considering 
thereof ^ and no matter or thing shall be ac- 
ked upon in sueh a manner, as to have any 
, /iegal operation whatever, unless the subject 
, matter tliereof, be inserted in the warrant for 
i calling the meetingand in case the Select¬ 
men shall unreasonably deny to call a meet¬ 
ing upon any public occasion, any ten or 
more of the * freeholders of such town may 




104 


The VOTERS’ GUIDE. 


apply to a Justice of the Peace within and 
for the same county, w ho is hereby author¬ 
ised and empow ered, to issue his xvamint 
under his hand and seal, directed to the con* 
stable or constables of the town, if any such 
there be, otherwise to any of the freeholders 
applying therefor, directing him or them’i^ 
notify and warn the inhabitants, qualified to 
vote in town affairs, to assemble at such 
time and place in the same towm, as the said 
justice shall in his said warrant direct, and 
fur the purpose in the same waiTant express* 
ed. And when by reason of death, removal 
or resignation of Selectmen, a major part of 
the number originally chosen shall not re¬ 
main in office within any town, in every 
such caje, a major part of the sm'vivors, or 
of such as remain in office, shall have the 
same pow er to call a tow n meeting as a ma¬ 
jor part of the whole number first chosen. 

VI. And be it Jvrthcr enacted by the <ith- 
thority aforesaid^ 'That at every town meet¬ 
ing. a moderator shall be first chosen by a 
minority of votes, who shall be thereby em¬ 
powered to manage and regulate the busi¬ 
ness of the meeting; and when a vote, de* 
dared by the moderator, shall immediately 
after such declaration, be scrupled or ques¬ 
tioned by seven or more of the voters pte* 
sent, the moderator shall make the vote 
certain, by polling the voters, or such other 


Tke VOTERSr guide. 


105 


as the meeting shall desire. And nn 
person shall speak in the meeting, before 
leave first had and obtained from the mode¬ 
rator, nor when any ether person is orderly 
'speaking ; and all persons shall be silent at 
the desire of the moderator, on pain of for- 
Jive shil/in^s for iht breach of eveiT 
«iich order, to the use of the town : And if 
any person tihall, after notice from tlie mod¬ 
erator, persist in his disorderly behaviour, 
then it shall be lawful for the moderator to 
elirect such disorderly person, to u ithdraw 
from the meeting; and such disorderly per*- 
son, upon his refusal or neglect to withdraw, 
shall forfeit and pay a fine of r^Dcnty shillings 
to the use of the same town and may also^ 
by direction of the modei*ator, be carried out 
of the meeting by some constable of said 
town, and put into the stocks^ cage, or some 
other place of confinement, and thci'e be de¬ 
tained for the space of three houn, unles;^ 
the town-meeting shall sooner adjourn or 
dissolve. And all suits and informations for 


fines incurred by a bneach of this a'ct, not 
exceeding shillingsy may be heard and 
determined before any Justice of the Peace 
in the same county, not an inhabitant of the 
fcame toum, unto whom the penalty or any 
part thereof is given, who, upon convictiony 
may enforce the payment thereof by a simi¬ 
lar process, as is herein prescribed jin the 
K 


THE VOTERS’GUIDE. 


106 • 

Court of General Sessions of the Peace for 
persons '^ho refuse to serve in the office ot 
constable. 

Provided always, That town-meetings 
for the choice of governour, lieutenant-gov- 
ernour, and senators, shall be regulated as 
the constitution directs, and for the choice 
of representatives as is otherwise by law 
prescribed ; any thing in this act contained 
to the contraiy notwithstanding. And the 
moderator of any town-meeting, chosen as 
aforesaid, is hereby authorized, in case no 
Justice of the Peace be present, to adminis¬ 
ter to the clerk, in open town-meeting, the 
oath by hxw prescribed to the same office. 

VII. J?id be it further enacted by the an- 
thority aforesaid, 1 hat the freeholders and 
other inhabitants of each respective ‘town, 
qualified as aforesaid, at the annual meeting, 
for the choice of to^Mi officers, or at any 6- 
ther town-meeting regularly warned, may 
grant and vote such sum or sums bf money, 
as they shall judge necessary for the <^ettle- 
ment, maintenance and support of the minis¬ 
try, school, the poor, and other necessary 
cWges, arising within the same town ; to be 
assessed upoivthe polls and property within 
the same, as by law provided; and they are 
also hereby empowered to make and agree 
upon such Aecessary rules, orders and by- 
liiws, for theAIrcQtiijg, managing and order- 


Tfi£ VOTERS^ GUIDE. 107 


ing the prudential affairs of such town, as 
they shall judge most conducive to the peace, 
welfare and good order thereof ; and to an- 
nex penalties for the observance of the same, 
not exceeding thirty shillings for one offence ; 
to enure to such uses as they shall therein 
direct; provided they be not repugnant to 
the general laws of the government; and 
provided, also, such orders and by-laws shall 
Iiave the approbation of the Court of Gene¬ 
ral Sessions of the Peace of the same county^: 
And may also allow and approve of any tpwri 
or private way laid out by the selectmen ,of 
the same town ; or alter or discontinue any 
Iowa or private way, heretofore laid out and 
'improved as s^ch, when it shall appear that 
the same is unnecessary for the inhabitants 
of such town. Sa’Ding always, to any person 
‘aggrieved, or who thinks himself injured, 
liberty of applying for remedy to the Court 
of General Sessions of the Peace in the same 
county, who arc hereby empowered and di¬ 
rected, to enquire into and determine the 
matter by a jury, thereunto appointed, as 
well with respect to the necessity and con¬ 
venience, by such discontinuance, laying 
out, or alteration, as to tlie damage, that may 
happen or accrue, to any particular person 
or persons thereby; and thereupon to as¬ 
sess damages for the party injured, to be 
paid by such towm; unle§ it appeal's, that 


im Till VOTERS^ GUIDE. 


the person ©n whose behalf application has-, 
been made, had no just cause of complaint 
in which case the complainant shall pay all 
such costs and charges as may arise by such, 
appplication to the Court of Se ssions. Andt 
the verdict of a jury being received and re¬ 
corded, shall be final and conclusive. 

^^ided^ such application be made to the Court 
of General Sessions of the Feacc, within 
twelve months after such w'ay is approved, 
altered, or discontinued as aforesaid, and 
not otherwise. 

VIII. And he it further enacted hy the au^ 
ihorzty aforesaid^ That the inhabitants of 
every town within this government, are here* 
by declared to be a body politic and cor¬ 
porate ; and as such, may commence and 
prosecute any suit or action in any Court 
proper to try the same ; and may also de¬ 
fend any suit or action commenced against 
them, and for this purpose, the said inhabi- 
tants, qualified and convened in manner a- 
foresaid, may nominate and appoint one or 
more agents or attomies. The choice of the 
agent or attorney certified by the town-clerk, 
sliall be deemed and taken sufiicient evidence 
of such appointment. And when any suit 
shall be commenced against any towm, ( or 
any body corporate ) a copy of the writ or 
original summons, or such other legal pro** 
•esfi as may k&ue against shsll be left 


Tifx VOTERS’ GUIDE. 


109 


with the clerk of such town, or with one or 
more principal inhabitants thereof ( or with 
the clerk or some principal member of the 
body corporate ) thirty days at least before 
the day of the sitting of the Court, unto 
which the same shall be returnable. 

• IX. A?id be it further enacted by the ati^ 
thorny aforesaid^ That ail places incorpora¬ 
ted by the name of districts, before the first 
day of January^ one thousand seven him-* 
di ed and seventy-seven, are hereby declar¬ 
ed to be to^vns to every intent and purpose 
whatever; and places incorporated by the 
name of districts since the same first day of 
January, one thousand seven hundred and 
seventy-seven, or such places as may here¬ 
after be incorporated by the name of districts, 
are and shall be entitled to all the privileges, 
mid vested with all the powers in this act ex¬ 
pressed, as amply to every intent and pur¬ 
pose, as they could have been if expressly 
named herein. 

And whereas in divers laws, provision is 
made relating to the annual meetings in 
March, wTich it is necessary should be ex¬ 
tended to the meetings holden in the month 
of April, in case the annual meeting of any 
town should be holden in that month : 

X. Be it therefore enacted by the author^ 
iiy aforesaid. That all matters and things, 
which by any law. or resolve of this Com- 

K 


Ud The VOTERS’ GUIBK. 

monwealth, are directed to be done and 
transacted at a town-meeting in Marche may 
hereafter be done, and transacted at a town- 
meeting in April j any thing in such law or 
resolve, to the contrary notwithstanding. 

XL And be it further enaaed by the ati-> 
th^rity aforesaid^ That all laws heretofore 
made for the purposes mentioned in this act^ 
be, and they hereby are repealed, and ren¬ 
dered null and void. 

[ This act passed Marth 23, 1786. J 



THE^ VOTERS^ GUmE: III 


PART IIL 


O? THE VIRTUES WHICH PRESERTE, AH» 
THE VICES WHICH RUIN REPUBLICS. 


CHAP. I. 

Of the advantages and evils of a Republic^ 

1. THE advantages of a Republic are^ 
liberty^ or exemptions from needless restiic* 
tions, equal laws, regulations adapted to the 
wants and circumstances of the people pub- 
Jic spirit, frugality, averseness to war, the 
opportunities which democratic assemblies 
afford to men of every description of pro¬ 
ducing their abilities and counsels to publie 
observation, and the exciting thereby, and 
calling forth to the service of the Common¬ 
wealth, the faculties of its best citizens. 

2. The evils of a Republic are, dissen, 
sions, tumults, factions, the attempts of pow- 
erfui citizens to possess themselves of the 
empire ; the confusion, rage and clamor 
W’hich are the inevitable consequences of 
assembling multitudes, and of propi>unding 
questions of state to the discussion of the 
people, the delay and disclosure of public 
counsels and designs, and the irnbeciiity of 
measures retarded by the necessity of ob- 
tuiiiing the consent of numbers. Paliiy, 






112 The VOTERS* GUIDE. 

5. Remarks. The system of representa¬ 
tion adopted by the Constitution of this- 
Conim©ii\^ ealth. not only preserves the ad¬ 
vantages, but avoids many of the evils of 
a Republic, Ins^^cad of a general assembly 
of the people, the state is divided into to ups, 
the inhabitants of which, at stated times, as 
has been already shewn, meet in their respec¬ 
tive towns, choose their Legislators, and 
manage their local concerns. 

This preserves the freedom of election, 
and,at the same time, avoids the dangers re¬ 
sulting from too large an assemblage of the 
people. In addition to-this, the checks pro¬ 
vided by the Constitution against too great 
an assumption of^ power by any jwticular 
body of men in the state, may also with pro¬ 
priety be considered, as a great safeguard 
to the rights and liberties of the people. But 
all this will be insufficient, unless the people 
are possessed of knowledge and virtue suf-, 
ficient to know and practice the virtues 
which will secure the advantages, and to 
avoid the vices which will produce the evils 
of a Republic. Ignorance and vice, like a 
torrent, sweep away with ease, the checks 
provided for the purpose of stopping them 
in their career of destruction. 

"ro point out briefly,the viitues which will 
preserve, and the vices which will ruin the 
Commonwealth, is the object of the follow- 
isyg Chapters. 


Thk VOTERS’ GUIDE. 


m 


4 ^ 4 - 4 - ^ 


CHAP. IL 


Of love to our Cmntry, 

1. The first, aiid most iniportatit of afl' 
relative social duties, is that which wc ow’e 
to our country. That we ought to studjr 
the inta'est of our country, is plain from 
considering,, that the love of our families 
and even self-love, cannot be pursued, or 
established on any rational footing, but what 
will extend to our country (for it is impossi¬ 
ble for ail families and individuals to be hap¬ 
py in a ruined country) .md from considering^ 
that if no person loved his country, but every 
individual was indifferent about its interests^ 
no country could subsist. Burch. 

2. ** Remember that you are Romans^ said 
a commander to-his soldiers, m the days o£' 
the old Republic and that short harangue, 
was of efficacy to brace their nerves for labor, 
and render them invincible in battle.”^ 

While the Romans were tlius easily an:«^ 
mated with a love of their country, they were 
not only prosperous and happy at home, but 
highly respected and victorious abroad, 
inexnber that you are Americans, should be. 
sufficient to animate the citizens oftha 


* MarmonteL 



114 


The VOTERS’ GUIDE. 


Commonwealth to sacrifice, when necessaiT, 
their health, their property, and eren their 
lives, in defence of its rights and liberties. 
At all times, it should inspire them with ri 
noble zeal for the public welfare, animate 
them to a faithful pciformance of their social 
duties, and stimulate them to practise and 
encourage those vii tues w hicli promote, and 
to discountenance those vices w hich disturb 
the peace and happiness of the Commoii- 
wealth. 


115 


The VOTERS’ GUIDE. 


»c^' •-«>' *<^ '<>' *0^ •<** 

CHAP. IIL 

Equality, and ckil Liberty, in what they 
consist and how preserved. 

Liberty, in a political sense, is the right of 
regTiiating our actions agixcably to the laws 
made by" our own consent, or tliat • of our 
Representatives, and . not, as is sometimes 
considered, of doing Avhateyer we please, 
whether right or wrong. The distinction 
i ought to be understood, people ought to be 
sensible, that the preservation of liberty de- 
pends upon a cheerful compliance with la\vs, 
j founded upon justice tiud equality, and to 
; which they have given their consent. 

We cannot explain our ideas upon this 
subject bet,ter, than by the following ex¬ 
tracts. . 

I. A pcqDle enjoy the most perfect civil 
liNuty, when the government, under whicli. 
they are ]jlaced is of their owm choice ; when 
they conform to ilic law s whicu aie enacted 
by themselves or their Representatives ; and 
AvLen no duties are enjoined, and no restric¬ 
tions imposed by those laws, wdiich are not 
conducive to the general happiness. ^ 

It is obvious, then, that nothing is more 
opposhe to liberty than licentiousness. 



116 VOTERS^ GUIDE. 

Wherever there is liberty the people are sub^ 
jects, not of men, but of the Constitution 
’a!id Laws ; for liberty consists in doing on¬ 
ly what these permit. It forbids us to al- 
l ourselves in any pursuits which are in- 
j Lirious to otliers ; for if such permission was 
given to us, it would also be indulged to 
them. It implies, that within the limits of 
law^ and justice, we may act according to oiif 
own choice, and take such measures as we 
believe are ccndlicive to our cMn happiness* 
The people, therefore, are free, so long 
they are under the restraint of equal and just 
laws. But their freedom is lost, when the 
passions of men are unrestrained, and the 
laws are violated with impunity. The reign 
of justice is then over, and there is an end 
of manners, libei ty and virtue. To escape 
from this state of licentiousness, the people 
in some countries, submit to the controul of 
a single tynint, because they think it more 
tolerable to have one tyrant than a thousand. 
In cl free state, therefore, the citizens ought 
to be guarded ?gainst the attemipts, both of 
indiscreet men, v ho, from a mistaken zeal 
foi liberty, would introduce anarchy and 
confusion, and of arribitious men, whoas^ 
sume the gaib of pati iotism and employ 
theii taJeius to enfiaire the passions of the 
people, and excite them.contempt of dccenw 
cy and order* 


Thi VOTERS’ GUIDE. 


117 


; Upon order the public happiness is foun¬ 
ded ; without it,society is a state of violence, 
md to maintain it, is to restrain injasticeaud 
oppression ; to guard the life and property 
of one man, against outrage from another : 
to protect the simple and innocent from thr 
attempts of artifice and fraud ; and to pro¬ 
duce such a state of trancpiiHity,thrit the meat 
defenceless among the people may be sale, 
under the protection of government-. 

The principle of equality among the cit¬ 
izens, is recognized and established by rlx 
Constitution. It is an equality of rights, 
which ensures the same protection to each 
individual, and requires that all men of eve¬ 
ry description shall be amenable to justice. 
It results from equal government and im¬ 
partial laws, when tke way to honor and 
preferment is open to every one ; and the 
pretensions of no citizen are limited, except 
by the distinction of merit and capacity. 
But an equality of property never can exist, 
until all men have tlie same faculties, and 
are equal in prudence and industry ; and 
even if they were perfectly similar in these 
respects, still their property would be une¬ 
qual, unless Providence should smile alike 
upon the labours of all, and grant to every 
man an equal share of prosperity. The ine¬ 
quality of property, therefore, arises from 
the nature of things, and not from any de- 


The VOTERS’ GUIDE. 


ilS 

feet in the form or administration of govern¬ 
ment. All that the best government can do, 
is to prevent that inequality which fraud,op¬ 
pression, or violence would produce ; to 
encourage frugality, and as far as justice 
and the constitution will permit, to restrain 
lu2v ury and profusion ; and to protect the 
la^^ ful possessions ofevery man, so that each 
may enjoy the fruits of his labour in perfect 
security. 

But though a spirit of equality is favoura¬ 
ble to public happiness, an extreme degree 
of it is sometimes injurious and disgraccUil. 
This happens when manners arc exceeding¬ 
ly depraved, w hen upright magistrates are 
no longer respected, and parents and public 
instructors are treated wdth rudeness and in¬ 
solence, when the child behaves himself 
proudly against the ancient, and the base 
against the honorable, and the natural and 
necessary distinctions in society are disre¬ 
garded. 

The terms Liberty and Eq^UALiTY, in 
their true and just import, describe essen¬ 
tial rights in a Republic, w hich onglit to be 
assiduously preserved and cherished : But 
they are so liable to misconstruction, and 
have been understood in such dilferent sen¬ 
ses, that I presume you, gentlemen, will not 
think it unworthy of you to assist our fellow 
citizens in forming correct opinions concer- 


THE VOTERS^ GUIDE. 


119 


ning them. For if on these points they 
shall entertain mistaken ideas, they might be 
in danger of loosing substantial benefits, by- 
aiming at those which are imaginar3^ 

In some nations, the genius and habits of 
the people seem not to admit of a free gov¬ 
ernment ; they appear to be incapable of 
that just and reasonable obedience to the 
laws, whicii is necessary in a free state. 
Few indeed have been wise enough to enjoy 
perfect liberty with moderation. How far 
the people of the Unitt^d Stintcs are possessed 
of this wisdom, must appeal' from the expe¬ 
riment they are now making, upon the issue 
of which every thing valuable depends. 
You, Gentleme», I have no doubt, will be 
solicitous to contribute to its success, by a 
faithful discharge of your duty. But all the 
efforts of legislative wisdom will not be suf¬ 
ficient, without the aid of those institutions 
which form the manners and morals of the 
people ; and which tend to inspire them 
with veneration for the Supreme Being, with 
reverence for just authority, and respect for 
themscl v es. 

[From Governor Strong’s Speech, June 
5 , 1804 .]. 


120 THE VOTERS’ GUIDE:. 

2. Extract from the am^ocv of the Senate* 

The opinions, expressed by your Excel¬ 
lency, touching the perfection of civil liber¬ 
ty, its opposition to licentiousness, and its 
consistency tvith the restrictions of law and 
justice, are entirely in unison with the sen¬ 
timents of the Senate, and v ith the princi¬ 
ples of the Constitution. The dangers to 
liberty, from the indiscretion of mistaken 
men, cannot be too frequently deprecated. 

In all J; ee sUtes, the tyrants, who have 
iikimately rested from the people their lib¬ 
erties, have commenced their machinations- 
under the “ garb of patriotism,” and have 
lisen into influence, by employing “ their 
talents to inflame the passions of the people, 
and excite their contempt of decency and 
order.” Whenever, therefore, in any coum 
try, a class or description of men arises, 
making loud and exclusive pretensions of 
friendship for' the people, yet supporting 
tliose pretensions by no rare instances of 
private or public virtue ; when such a class 
or description of men set themselves assidi- 
ously to deceive and corrupt the people, stri¬ 
ving, by subtle insinuations, and by the cir¬ 
culation of anonymous falsehoods, to deprive 
honorable and virtuous men of the fair re¬ 
wards of their talents and integrity, it be¬ 
comes all those, who have a real regard for 


TffE VOTERS’ GUIDE. 121 

V. 

the people, and who possess a just and no- 
bl^c zeal to perpetuate the blessings of liberty, 
order and religion, to be vigilant, active and 
instant, to inaintain the fundamental princi¬ 
ples of a free government, “ piety, justice, 
moderation, temperance, industry and fru¬ 
gality :”and to have a pcirticular attention to 
all those principles, in the choice of their of- 
£cers and representatives-” 


3, Extract from the ansmer of the House. 

We perfectly and most sincerely agree with 
your Excellency, in your sentiments of civil 
liberty, in your estimation of order and re¬ 
gularity in society, and in your definition of 
equality. 

Although it be obvious to thinking and 
cultivated minds, that nothing can be more* 
opposite to liberty, than licentiousness yet 
it is no less obvious, that by the iindistin- 
guishing, the one is frequently confounded 
with the other. 

To a destitution of correctness of the pub¬ 
lic sentiment, on this subject, is unques¬ 
tionably to be imputed most of the evils,, 
which have, in ancient as well as modern 
times, disturbed, convulsed and subverted 
to their foundations, those sections of the 


122 


TOTERS^ GUIDE. ^ 

world, on wl/ich attempts have been made 
to maintain republican forms of government. 

Knowing, as we do know, that it is infin¬ 
itely easier lo enkindle enthusiasm, and to 
set on fire the zeal, than to inform the iin- 
derstaiiding of man, we cannot i^atch too 
critically, or shield ourselves too strongly, 
against ambitious and designing men, who 
assume the garb of psttriotism, and employ 
their talents to inflame tlie passions of the 
people, and excite their contempt of all de¬ 
cency and order. 

It is utterly impossible for us to hesitate 
to concur with your Excellency in the posi¬ 
tion, that all other equality than that of rights, 
is whoilj inconsistent with the nature of 
things. 

4, The principle of Democracy is corrupted, 
not only when the spirit of equality is ex¬ 
tinct, but likewise when ‘they fall into a 
spirit of extreme equality, and when every 
citizen wants to be upon a level with those 
he has chosen to command him. I'heh the 
people, incrpable ©f bearing the very power 
they have intrusted, want to do every thing 
of themselves, to debate for llie Senate, to 
execute for ihe mrglstrate, and to strip the 
judges of their office. 

When this is the case, virtue can no longer 
subsist in the republic. I’he people want to 



The voters^ eUII>E. 


123 


exercise the functiens of the magistrates, who 
cease to be revered. The deliberations of the 
senate are slighted ; all respect is then laid 
aside for the senators, and consequently for 
old age. If there is no more respect for old 
age, there will be none soon for parents ; 
deference to husbands will be likewise 
thrown off, and the sufjmission to masters. 
This licentiousness will soon taint the mind; 
and the restraint of command be as fatiguing* 
as that of obedience. Wives, children, 
slaves, will shake of all subjection. No lon¬ 
ger will there be any such thing as manners, 
order, or virtue. 

The people fall into this misfortune, when 
those in whom they confide, desirous of con¬ 
cealing their own corruption, endeavour to 
corrupt. To prevent them from seeing their 
own ambition, they speak to them only of 
their grandeur ; to conceal tlieir own avarice, 
they incessantly flatter theirs. 

The corruption will increase among the 
corruptors, and likewise among those who 
are already corrupted. The people will dis¬ 
tribute the public money among themselves,, 
and having added the administration of af¬ 
fairs to their indolence, they will be for ad¬ 
ding to their poverty the amusements of 
luxury. But with their indolence and lux¬ 
ury, nothing but the public treasure will be 
able to satisfy their demands. 


/ 


Y2A TiffE VOTERS’ GUIDE. 

We must not be surprised to see their 
suffrages given for money. It is impossible 
to give a great deal to the people without 
squeezing much more out of them, but to 
compass this the state must be subverted. 
The greater the advantages they seem to- 
derive from their liberty, the nearer they 
draw to the critical moment of losit)g it.- 
Petty tyrants arise who have all the vices of 
a single tyrant. The small remains of lib¬ 
erty soon become unsupportable, a single 
tyrant starts up, and the people lose all, even- 
the advantages of their corruption. 

Democracy, hath, therefore, tw’^o excesses- 
to avoid, the spirit of inequality, which leads 
to aristocracy or monarchy,and the spirit of 
extreme equality, which leads to despotic 
power, as the latter is completed by con¬ 
quest.. Montesquieu. 

5^ Cml liherty is the not being restrained hy> 
any law, but what conduces in a great de-- 
y gree to the public welfare. 

To do w hat we will is natural liberty ; to- 
do what we will, consistently v/ith the inter¬ 
est of the community to which w^e belong, 
is civil liberty ; that is to say, the only liber¬ 
ty to be desihed in a state of civil society. 

I should wish, no doubt, to be allowed 
act in every instance as I pleased^ but X 



Tez VOTERS’ GUIDE, 12S 

rtflect that the rest also of mankind would 
then do the same ; in which state of univer¬ 
sal independence and self-direction, I should 
meet with so many checks and obstacles to 
my owm tvill, from the interference and op¬ 
position of other men’^s, that not only my 
liappincss, but tiiy liberty, would be less,than 
whilst the whole community were subjected 
to the dominion of equal laws. 

The boasted liberty of a state of nature ex¬ 
ists only in a state of solitude. In ev¬ 
ery kind and degree of union and inter¬ 
course with his species, the liberty of the 
individual is augmented by the very laws 
which restrain it ; because he gains more 
from the limitation of other men’s freedom, 
than he sulFers by the dimifiution of his 
own. Natural lil^rty is the right of com¬ 
mon upon a waste, civil liberty is the safe, 
exclusive, unmolested enjoyment of a culti¬ 
vated cficlosiire. Paley. 

As distant as heaven is from earth, so 
is the true spirit of equality, from that of ex¬ 
treme equality. The former docs not ex¬ 
ist in managing so that every one should 
command, or that no one should be com¬ 
manded ; but in obeying and commanding 
our equals. It endeavours not to be without 
a master, but that its masters should be non^ 
Uiit its equals. 



126 The VOTERS^ GUIDE. 


In the state of natu re indeed, all men arc 
born equal j but they cannot continue long^ 
in this equality. Society makes them loose it, 
and they recover it only by means of the 
laws. 

Such is the diiference between a well reg- 
Tilated; democracy and one tli?it is not so ; so 
that in the former men arc equal only as cit¬ 
izens, but in the latter they are equal also as 
magistrates, as senators, as judges, as fa¬ 
thers, as husbands, or as masters. 

‘ The natural pi ace of virtue is near to lib¬ 
erty, but it is not nearer to extreme liberty 
than to servitude. 

MoNTSSqniEIT. 








Tkje VOTERS’ GUIDE. 


127 


WCS- v<^ VC« v«^> v^ vs^ von vOn fcO^ lO" -Q- ■ 0- -^ . 

CHAP. IV. 

Importance of Education in a Republic. 

I. It is in a republican government that the 
'whole power of Education is required. The 
fear of despotic governments rises naturally 
of itself amidst threats and punishments ; 
the honor of monarchies is favored by the 
passions, and favors them in its turn ; but 
virtue is a self renunciation which is alwavs 
arduous and painful. 

This virtue may be defined, the love ®f 
our laivs and of our country. As this love 
requires a constant preference of public topri- 
^'ate interest, it is the source of all particu¬ 
lar virtues \ for they are nothing more than 
this particular preference itself. 

This love is peculiarly proper to demo¬ 
cracies. In these alone the government is 
intrusted to private citizens. Now, govern¬ 
ment is like every thing else, to preserve ft, 
wc must love it. 

Plas it ever been heard that kings were 
not fond of monarchy, or that despotic 
princes hated arbitrary powder ? 

Every thing therefore depends on estab¬ 
lishing this love in a republic, and to inspire 


128 Tki voters^ guide. 

it,ought to be the principal business of edu¬ 
cation ; but the surest way of instilling it in¬ 
to children, is for parents to set them an ex- 
ample. 

People have it gef^erally in their power to 
communicate their ideas to their children ; 
but they arc still better able to transfuse their 
passions. 

If it happens otherwise, it is because the 
impressions made at home are effaced by 
those they have received, abroad. 

It is not the young people that degenerate; 
they arc not spoiled till those of maturcr 
age are already sunk into corruption. 

MoNTESqUIEU. 

2. Perhaps the minds «ven of infants mar 
receive impressions good or bad, at an earlier 
period than mary imagine. It has been ob¬ 
served, that“ education has a greater influence 
@n manners, than human laws can have.” 
Human laws excite fears and apprehensions^ 
lest crimes committ«d may be detected and 
punished. But a virtuous education is cal¬ 
culated to reach and influence the heart, and 
to prevent crimes. A very judicious writer 
has quoted Plato, who in shewing what 
care for the security of States ought to be 
taken of the education of youth, speaks of it 


The VOTERS’ GUIDE. 


12f 


-ss almost siiOicient to supply the place both 
of Legislation and Admiiiistratioii. Such an 
cdiicaiion, which leads the you h beyond 
inere outside shew, will inipress tack* 
minds vith a profound rcYcrencc of the 
Deity, universal benevolence, and a w^arrn 
attachment and affection towards their coun¬ 
try. li will excite in them a just regard to 
divine benevolence, which inlorms them cf 
the original character and' dignity of man ; 
and it will inspire them tvith a sense of true 
honor, which consists in conforming as 
much as possible, their principles, habits and 
manners to that originahcharacter. It will 

enlarge their powers of mind, and prompt 
their, irnpaitiany to search for truth in th« 
consideration of every subject that may cm- 
pioy their thoughts ; and among other bran* 
ches oi‘ knowledge it will instruct them in 
the skill of political architecture and juris* 
prudence, aiid qualify them to discover any 
error, if tfiere should be such, dn tlie forms 
and adminisfratibn of government, and point 
out the method of correcting them. 

[Samuel Adams’ Speech^ Jcin, 7, 1794.] 

S.d'he useful institutions of iearned teacherii 
of Piety, Religion, and Morality in tbe Par¬ 
ishes, and of Grammar Schc-ols in the toWiii 
of our Republic, the latter of which is in a 
great measure, peCtiliar to the northern 
states of the union, are exceedingly w^ell a- 
claptcd to the support cf a republican form 
M 


ISO Thi voters* ouide. 


of goYcrnment ; Because the maintenance 
of such a government depends altogether 
upon light ai>d knov. ledge being universally 
disseminated in the body of the people. 
While our fellow citizens continue to be a- 
ble to contejnplate and uiulerstand their 
true interest, they w ill cherish these impor¬ 
tant and honorable institutions. 

John Hancock’s Speech, May 1791. 

4. ^ Lycurgus looked upon the education ctf 
youth as the greatest & most important ob. 
ject of a legislator’s care. His grand principle 
was, that children belonged more to the 
state than to their parents ; and therefore he 
would not have them brought up accoiding 
to their humours and fancies, but would 
have the state entrusted with tlie general care 
of their education, in order to liave them 
formed upon constant and uniform princi¬ 
ples, which might inspire them betimes 
with a love of their country, and of yirtue. 

-- Rollin, 

5. The long duration of the law s estab¬ 
lished by Lycurgus, is certainly very won¬ 
derful : but the means he made use of to 
succeed therein ai’e no less w^orthy of admi¬ 
ration. The principle of these W'as the ex¬ 
traordinary care ho took to have the Spar- 
tan youth brought up in an exact and severe 


A edevnated lej^ulatQr of antiquity. 




The VOTERS’ GUIDE. 


15^1 

discipline ; for, as Plutarch observes, the 
religious obligation of an oath, which he ex¬ 
acted from the citizens, would have been a 
feeble tie, had he not by education infused 
his laws, as^ it were, into the minds and man¬ 
ners of the children, and made them suck in, 
almost with their mother’s milk, an affectron 
for his institutions.^ d'his was the reason 
why his principal ordinances subsisted a- 
bove 500 years, having sunk into the very 
temper and hearts of the people, like a 
strong and good dye, that penetrates thor¬ 
oughly. Cicero makes the same remark, 
and ascribes the courage and virtue of the 
Spartans, not so much to their own natural 
disposition, as their excellent education. All 
this shows of what importance it is to a state 
to take care that their youth be brought up 
in a manner proper to inspire them with a 
love for the law's of their country. 

Roll IN. 


6. Among the various subjects of state 
legislation, there is none more important to 
the preservatien of our free governiifxcnt, or 
more interesting to the happiness of society, 
than the instruction of the people and par¬ 
ticularly the education of youth : It is not 
enough to teach children to read and w’ritc, 
and understand the first rules of Arithmetic ; 
it is also of importance to habituate them to 
Testrarnt;. to form their temper and manners 



132 


THE VOTERS^ GUIDE: 


by the principles of benevolence and justice,, 
5ind to awaken the useful energies of tlieir 
understandings, and cherish the virtuous 
propensities of their hearts. A bad temper 
is often made a good one by education ; and 
tlie dificrence we observe in the characters of 
men, is,in a great measure, owing to the dif¬ 
ferent impressions they received from the 
examples and precepts of their instructors.— 
In tiie presence of those who are respectab le 
they are accustomed to controul their pas- 
55ions, and learn the important lesson of self 
command. With such an education they 
seldom fail to make useful and quiet mem-. 
bers of society ; but those who are idle and 
unrestrained in early life, will l>e ready after¬ 
wards to oppose lawful government, and dis¬ 
turb the public peace. Moral qualifications 
are of the first importance in the office of 
instructors ; these virtues should serve for 
models in the conduct ©f life. If they are 
chargeable with vice or impiety, no attain¬ 
ments in knowledge can compensate for the 
contagion of their bad examples. 

The celebrated Legislators of Antiquity, 
considered the education of children, as the 
most essential duty, and the most important 
exercise of government : It was regulated 
Wythe authority of the magistrates, and upon 
principles ofihe public good. "I'heir insti¬ 
tutions arc calculated to inspire the youth 
with respect for the laws and love to their 


THE VOTERS’ GUIDE. 138 

country ; to f©rm them to habits of tempe¬ 
rance and truth, and teach them to honor 
their superiors and venerate old age. Our 
ancestors were impressed with the impor¬ 
tance of this subject, and manifested an ear¬ 
nest solicitude, that their children iniglit be 
educated in literature, and religious and mo¬ 
ral principles. The university in the neigh¬ 
bourhood is an evidence of this. Soon after 
the settlement of the country they provided 
for the establishment of Schools for the chil¬ 
dren of die poor as well as rich ; and if pa¬ 
tents neglect to teach their children to read, 
and bring them up in some honest employ¬ 
ment, the Selectmen, with the assistance of 
two Magistrates, were authorised to take 
such children from them, and place them 
with masters to be strictly attended to. T H E 

WKOLE INFLITENCE OF EDUCATION IS NE¬ 
CESSARY IN llEPUBLieAN Govern¬ 
ments, THEV I>EPENDj FOR THEIE SUP¬ 
PORT, UPON THE ENLIGHTENED AND AF¬ 
FECTIONATE ATTACHMENT OF THE PEO¬ 
PLE ; AND THERE IS NO GROUND TO EX¬ 
PECT THEY WILL BE PRESERVED, UNLESS 
THE YOUTH ARE TRAINED T-O KNOWL¬ 
EDGE AND VIRTUE, AND TAUGHT, BY 
EXAMPLE AND-' EDUCATION', TO SUBMIT 
THEIR OWN TO THE PUBLIC WILL. OUR 
GoN>STITUTIONS have LIBERTY FOR 
THEIR VITAL PRINCIPLES, BUT THIS LIB- 
35RTV IS REASONABLE, AND SUBORDINATE 
M 


1S4 


TIM'VOTERS’ GUIDE. 


TO TEE LAV/5, AN-D WHENEVER IT SHAMI 
BECOME SUPERIOR TO LAW, IT WILL DE¬ 
GENERATE TO LICENTIOUSNESS AND BS 
LOST. 

Caleb Strong’s Speech, June\^Q\^ 




CHAP. V. 

Religion, Morality and Fir we indhpcnsabVc 
supports of a Republic* , 

1. Of all the dispositions and habits whiciL 
lead to politiccd prosperity, Religion and 
Morality are indispensable supports. In vain 
Would that man claim the tribute of patriot¬ 
ism, n ho would labour to subvert these great 
pillars of human happiness, these firmest 
props of the duties of men and citizens. I'he 
mere politician, equally with the pious man, 
ought to respect and cherish them—a vol¬ 
ume could not trace all.their connexions with 
private and public felicity. Let it simply be 
asked, where is the security for property, 
for reputation,for life, if the sense of religious 
obiigation desert the oaths, which are the iru 
struments of investigation in courts of jus¬ 
tice ? and let us with caution indulge the 
supposition, that morality can be maintained 
without religion^ Whatever may be com- 





Tffs VOTERS’ GUIDlf. 


ceded to the influence of refined education* 
oil minds of peculiar structure ; reason and* 
experience both forbid us t© expect that na¬ 
tional morality can prevail in exclusion of 
religious principle.. 

It is substantially true that virtue or mor-^ 
ality is a necessary spring of a ])opular gov¬ 
ernment. The rule indeed extends with 
more or less force to every species of free 
government. Who that is a sincere friend 
to it can look with indifference upon at- 
tempts to shake the foundation of the fabric ?. 

Promote, then, as an object of primary 
importance, institutions for the general dif- 
fusion of knowledge. In proportion as the 
structure of a government gives force to^ 
public opinion, it is essential that publie 
©pinion should be enlightened. 

Washinc ton. 

2. True Christian benevolence it hvays^ 
©ccupied in producing happiness to the ut¬ 
most of its power, and according to the ex¬ 
tent of its sphere, be it larger or more limit¬ 
ed ; it contracts itself to the measure of tlie* 
smallest ; it can expand itself to tlie ampli¬ 
tude of the largest. It resembles majestic 
rivers, which ^re poured from an unfliiling; 
and abundant source.. Silent and peaceful 
in the outset, they begin, with, dispensing 
beauty and comfort to every cotUige by which 
they pass. In their further progiess they 
fertilize provinces and enrich kingdoms. At 




The voters^ GUIDE. 


length they pour themselves into the oceans 
where changing their namesj but not their 
nature, they visit distant nations, and other 
hemispheres, and. spread throughout the 
world the expansive tide of their beneficence,- 
WlXBfiRFORCE. 


Religious knowledge forwards all usefuL 
and ornamental improvements in society 
Experience shows, that in proportion as it 
diffuses its light, learning nourishes, and- 
liberal arts are cultivated and advancedu 
Just conceptions of religion promote a free 
and manly spirit. They lead men to think 
for themselves ; to form their principles up¬ 
on fair enquiry ; and not to resign their con¬ 
science to the dictates of men ; hence they 
naturally inspire aversion to slavery of every 
kind and promote a taste for liberty and 
laws. Despotic governments have generally 
taken the firmest root among nations that 
were blinded by Mahometan or Fagan dark¬ 
ness ; where the throne of violence has been 
supported by ignorance and false religion»- 
In the Christian world, during those centu¬ 
ries in which gross superstition held its reign, 
undisturbed; oppression and slavery were in^ 
its train. The cloud of ignorance sat thick 
and deep over the nations ; and the woi ld 
was threatened with a relapse ii'^o ancient 
bcai)’irity. As soon as the true knnwl dge of 
Lord revived,at the auspicious era of the 



Th2 voters guide. 


rsT 

fcforination, learning, liberty,and arts, begarb 
to shine forth- with it, and resume their ius- 
tl'C. 

But the happy influence which religion 
exerts on society, extends much father than 
to effects of this kind. It is not only subsi¬ 
diary to the improvement, but necessary to- 
the preservation, of society. It is the veiT 
basis on which it rests. Religious princi¬ 
ple is wliat gives men the surest hold of on« 
am)ther. That last and greatest pledge of 
veracity, an oath, without which no society 
could subsist, derives its w'hole authority 
from an established I'everencc of God, to 
whom it is a solemn appeal. Banish reli¬ 
gious principle and you loosen all the bonds 
which connect mankind together ; you 
shake the fundamental pillar ©f mutual con- 
fldence and trust : you- render the security 
arising from laws, in a great measure, void 
and ineffectual. For human law^s and hu¬ 
man sanctions, cannot extend to numberless 
cases, in which the safety of mankind is deep-?, 
ly concerned. They would prove very fee¬ 
ble instruments of order and peace, if ther?: 
were no checks upon the conduct of men 
from the sense ef divine legislation—if no 
belief of future rewards and punishments, 
were to overaw^c conscience, and to supply 
the defects of human government. 

Indeed, the belief oheiigion is of such 
portaace to public w’clfare, that the most ex- 


The VOTETIS’ GUIDE; 


pressivc description we could give, of a socr- 
«ty of men in the utmost disorder, would be 
to say, that there was no fear of God left 
among- them- Imagination would immedi¬ 
ately conceive of them as abandoned to ra¬ 
pine and violence,.to perhdy and treachery ; 
as deceiving and deceived, oppressing and 
oppressed ; consumed by intestine broils, 
and ripe for becoming a prey to the first in¬ 
vader. On the other hand, in order to form 
the idea of a society flourishing in its highest 
glory, we need only conceive the belief of 
Christian principles exerting its full influence 
on the hearts and lives of all the members* 
Instantly, the most amiable scene would o- 
pen to our view. We should see the cau¬ 
ses of public disunion removed,, when men 
were animated with that noble spirit ©f love 
and charity which our religion breaths ; and 
formed to the pursuit of those higlier inter¬ 
ests, which give no occasion to competition 
and jealousy*. We should see families, 
neighborhoods, and communities living in 
unbroken amity, and pursuing, with one 
heart and mind, the common interest—so¬ 
briety of mrmners, and simplicity of life re¬ 
stored—virtuous industry carrying on its 
useful labours—and cheerful contentment 
everywhere reigning. Politicians may lay 
dou-n what plans they please for advancing 
public prosperity : but, in trutli,it is the pre- 
i54ilency of such principles of religior* and. 


The voters^ GUIDE. 




virtue, which forms the strength and glory of 
a nation. When these are totally w anting, 
no measures, contrived by human wisdom, 
can sujiply the defect. In proportion as they 
prevail, they raise the state of society froia 
that sad degeneracy into w hich it is at pre¬ 
sent sunk ; and carry it f rward under the 
blessing of heaven, tov\ ards that happy peri¬ 
od, when nation shall not lift up their swrd 
agaimt nation^ nor learn war atiy more-, 

BLAIR. 


CHAP. VI. 

Fatal consequences of party spirit. 

1. One of the greatest curses of our na¬ 
tion, and of liberty in general , is that of our 
unhappy divisions and parries in rcagion 
and pGiitics. As for the first, it is a siib- 
j ject of too seriou s and important a nature to 
be made a mere badge of faction, or a l>orie 
I of contention. The design of religion is to 
improve and dignify our natures, to correct 
our errors in judgment, and to regulate our 
lives. And whoever applies it as a tool of 
I state, as an artifice for aggrandizing himself 
i: or his friends, and a cloak to conccv-il his sec- 
|i ular views, is guilty of prostituting the most 
[ sacred thing in the world to the vilest uses. 






140 The YOTERS^ GUIDE. 

As for political parties, it is notorious, that 
those v^ho assume to themselves the iiiobt 
splendid titles of being on the patriot side, 
or country interest, and against the court, 
as their cant is generaliy nr*ke a clamour 
for pretended iiijeriy. and the good oi their 
country, only tohavetlicir njoiiths stopped 
with a place or a pension ; and that on ihc 
other hand those v ho stand up in deftixe 
of all the meiisures of those in potver, with¬ 
out distinction, only do so with a vie^\'to 
get or keep scute einoluniuit. As it is iri- 
conceivabie that eiiher oik- uv the otiier par¬ 
ty should be constantly in the right, or ir.va- 
rialdy in the wrong 'you may cm' e;'nee tliat 
w hoev(T inclines uni\ei sally ic r or jg.unL-t 
either .side, w ithont ever alteingr his c i ‘n xn, 
is either a man of veiy nieaii abili" cs. or 
has some indirect scheme in view. 'h.h.c 
trimmer, wl:o gives his vete sc metime s wiih 
one side,.apd sometimes with the other, ac¬ 
cording to the .view he has of tlie consequen¬ 
ces, is the only man of integrity. Ar^d 1' 
cannot help advising my readers to look up¬ 
on all parties, all who make cillitr religicn 
or politics, a party afiair, in the san.e light, 
and to keep clear of all sides alike; insking 
it their business to 'consult the real goc d of 
their country, and the real wclfaiecf ti eir 
souls, witliout any eye to the sordid gains 
of corruption, or any desire to fight the but¬ 
tles of cither pai ty. 



the VOTERS’ GUIDE. ]4t 

To conclude, our duty to our Gouiitrv 
compreliciidt all tlie relative duties, tind tve 
sacrifice private interest, family, and 
life itc^elf to it, wlien called upon ; ai'.d ar,G 
lo obey its laws in all cases, liore they do 
not cl tsh with the only supcryir amlicrny In 

the univer.se, I mean the di* inc. 

I3i;1vGH. 


2. Is it not rnonstr^>ns, that, by means of 
the madness and ipoolcnce of parry, sueh a 
degree of arroganfi and seditions \nralcnee is 
woi'x^d up in the spirits of the jjcople, that 
the lowest of the mob think.s Ininself v/ise 
enough to take to lash the governors of the 
state, and assumes tliC liberty, over Iris cuds, 
to rail at the legislators of his country ; by 
nrfich means, the best constitutioned king¬ 
dom upon earth,seems hastening io a state 
of confusion ; while the people’s reverence 
for lawful authoritjg whereby obedience 
subsists, is destroyed, the measures of gov¬ 
ernment are embarrassed ; and our govern¬ 
ors discouraged from attempting to alter, or 
new-model any thing, that may be arrfss ; 
since' nothing can be done wilhoiit clamour 
and disturlxince, and laws, vvlien enacted, 
are, tlu'ough the perverseness of the people, 
of very little efficacy. 

—- Burgh. 

3 . The principal cause of the w eakening 
and declension of the Greeks, vras thedisii- 

N 


r 




142 


the VOTERS’ GUIDE. 


nion which rose up among themselvcE. 
The Persians, who had found them invinci¬ 
ble on the side of arms, as long as their u- 
nion subsisted, applied their vvhole attention 
and policy in sowing the seeds of discord 
among them. For that reason they em¬ 
ployed their gold and silver, which succee¬ 
ded much better than their steel and arms 
had done. The Greeks, attacked invisi¬ 
bly in this manner by bribes secretly con- 
\’eyed into the hands of those who had the 
greatest share in their government, were 
divided by domestic jealousies, and tumed 
their victoriou s arm s a ga in st them selves, w hich 
had rendered them superior to tlkcir enemies. 

Their decline of pow cr from these causes 
gave Philip and Alexander opportunity to 
subject them. Those princes, to accustom 
tj^cm to servitude the more agreeably, coL 
cured their design with avenging them up-. 
on their ancient enemies. The Greeks 
gave blindly into that gross snare, which 
gave the moi*tal blow to their liberty. 
Their avengers became more fatal to them 
than their enemies. The yoke imposed 
upon them by the hands which had con¬ 
quered the universe, could never be remov¬ 
ed ; those little states ere no longer in a 
condition to shake it off. Greece, from time 
to time, animated by the remembrance of 
its ancient glory, roused from its lethargy, 
and made some attempts to reinstate itself 


Tke voters* guide. 143 

i» its ancient condition ; but those efforts 
were ill concerted, and as ill sustained by 
its expiring liberty, and tended only to aug¬ 
ment its sTavery ; because the protectors, 
whom it called into its aid,soon made them¬ 
selves its masters : so that all it did M as to 
change the fetters and to make them the 
heavier. 

Rollin. 


4. There is no evil to which free govern¬ 
ments are more exposed, than tlie prevalence 
of party spirit. The extreme violence of this 
spirit ciegTacles the character of a nation, and 
vitiates the morals of the people ; ichas prov¬ 
ed fatal to almost every other Kepublick, 
cither b}^ enabling a successful Chief to es¬ 
tablish his empire on its ruins, or by weak¬ 
ening its ability to oppose foreign invasion ; 
it tends to pervert the judgment as well as 
corrupt the heart, and renders the subjects 
of it, unsocial and intolerant. Men, who in 
the ordinary commerce of life, would disdain 
to make use of deception, when actuated by 
the rage of party, will give curency to re- 
])orts, which at least they must think doubt- 
ful; their pretended patriotism degenerates 
into an eagerness to support party principles; 
& in order to influence opinions or measures, 
or to retaliate supposed injuries, they have 
no scruple in violating the plainest rules of 



i44 


Tii^ GUIDE. 


dcccRcy rend ju^ticcv Our sentiments' on 
polilierJ subjects n iU be dnFerent, but this 
diversity, ii’in expressing' it we confine our- 
selt es tvitlnn tlie limits of truth aiid candor, 
tvili not be injurious, and if it produces an 
iionourablc- einniation to promote the publick 
good may even be useful. It is impossible 
that all should be of one opinion and it is a^ 
reasonable indulgence to suffer every man to 
enjoy his own; in many cases, liowever. an 
open and fair examination of publick meas¬ 
ures, is necessary, to cnalde the people to 
ibrm a correct judgment concxjrning them ; 
and if the- current opinion is different from 
(. ars, we may. cnde ivour, by cairn discus¬ 
sion. V. ithout artilicc or calumny, to con'cct 
the siroeoscd cit.o':'. But the man w ho un- 

j. 1 

y.ercssarii}’- excites publick alarm or resent¬ 
ment, is a disturber of the ]Kace, and what¬ 
ever h,is pretcn.ces may Ijc. he is actuated by 
iinpi'cper moiivv's, and has no regard to the 
interest of Ins country. 

[^Extract froniGo^c, S t r o x c ’ tf Speech jimc 1, 
i8o2.] 

I have already hn.tirn.ated to you the dan¬ 
ger of parties iii the slate, with peculiar rc'- 
lercnce to the foimding of them on geogra- 
plilcai discriminations. Let me now take a 
more comprehensi\’e '\’iew, and warn yvm in. 
the mo^st soienvn, maniier, against tr.c bancflii 
Cifccts of th.e spirit of.party, generally. 


T«e voters^ guide. us 

This spirit, unfortunately, is inseparable 
from our naturc,h4vingits root in thestron- 
gest passions of the human mind. It exists 
under different shapes in all governments, 
more or less stifled, coiitrouled, or repres- 
ed : but in those of the popular form it is 
seen in its greatest rankness, and is truly 
their worst enemy. 

The alternate domination of one faction 
over another, sharpened by the spirit of re¬ 
venge natural to party dissension, which in 
different ages and countries has perpetrated 
the most horrid enormities, is itself a fright¬ 
ful despotism ; but this leads at length to a 
more formal and permanent despotism. 
The disorders and miseries which result, 
gradually incline the minds of men to seek 
security and repose in the absolute power of 
an individual ; and sooner or later the chief 
of some prevailing faction, more able or 
more fortunate than his competitors, turns 
this disposition to the purposes of his own 
deration, on the ruins of public liberty. 

Without looking forwa^d to an extremity 
of this kind, (which nevertheless, ought not 
to be entirely out of sight) the common and 
continual miscbifrtsof the spirit of party are 
sufficient to make it the interest and duty of 
a wise people to discourage and restrain it. 

It serves always to distract the public 
councils, and enfeeble the public administra¬ 
tion, It agitates the community with ill- 


145 : The VOTETIS^ GUIDE. 


founded jealousies' and filse akunis 
d-cs the aiiiraosity of one part against ano^ 
ther, foments cccasionally riot and insurrec ¬ 
tion. It Qfvens the door to foreign inf u.ence 
and corriipticn, which find a focilitated ac¬ 
cess Xjd the [government ilBclf through flic 
channels of party passion, d'hus the poh- 
cy and the will ofone coiintiy are subjected 
to ilie policy and v.'ill of another. 

There is an opinion that parties in free 
countries are useful checks upon the ad¬ 
ministration of trie government, and serve to 
l.cep alive the spirit of ilberty. This within 
certain limits is probably true, and in gov¬ 
ern mcjits of a monarchical cast, patriotism 
may look with indulgence, if not with fay or> 
i]pcn tile spirit of party. But in those of 
die popular character, in governments pure¬ 
ly elective, it is a spirit not to be encoura¬ 
ged. hi om their natural tendency it is cer- 
Ipn there will ah.vays be enough of that spirit 
lor every salutary purpose. And there be¬ 
ing constant danger of excess, the effort 
ouglittobe, by force of public opinion, to 
mitigate and assuage iv A fire not to be 
qucnciicd, it ciemands uniform vigilance to 
prevenuts bursting into a {lumeV lest in¬ 
stead 01 warming, it showld consume, 

« Washington. 


Tii^ YOTEm? CUiDEi 

' mmLusmm 


U7 


C I ,T i^z E I® s qf M -A s 3 A e H,u s, E. t;t s« 


You inherit a land, consecrated by the 
labours, the perils, the s^crihces and the 
blood of your ancestors, to civil and reli¬ 
gions libcrtv. I’he inheritance they. hp'C 
left you io of inestimable price. It is not so 
much the value of your lands, your houses^ 
your f ocks or your treasures, as the princi¬ 
ples of government and religion you inherit, 
which ought to inspire your gratitude and 
reverence for your noble and generous ben- . 


c factors. 


I 

I 


Hitiierto you have impro^^ed the inheri¬ 
tance. In the language of scripture, “ the 
wilderness has budded and blossomed llhe 
the rose.” From the Rock nt PlymouUi 
where your fore-fathers landed you hav^^ 
spread yourselves over a large ex teat of tcr- 
ritoiy. Where once roamed the l^casts of 
the forest, and beings, thoiigb in form and 
shape human, but little superior, we now 
behold a race of civilized men, cultivating 
the arts and sciences, and enjoyingthe blesr 
sings of a good form of government. Where 
once stood the wigwam, which scarce shel¬ 
tered the savage who built it from the 
storms and inclemencies of the weather, we 
now behold stately edifices erected and ded¬ 
icated to the public wmrship of God, and the 
administration of justice; and elegant houses 




U3 Thi voters^ guide. 

which serve for the comfort and convenieftei 
of their inhabitants and add ornament to the 
country. From a few,you have become ma¬ 
ny, from a colony, you have become an in¬ 
dependent, from a weak, you have become 
a powerful state. You are now in the full 
possession and enjoyment of all that civil 
and religious liberty which a rational people 
can wish or expect, or which it is in the 
power of any government to afford. 

But be not deceived. Think not the 
God who protected your fathers in obtain¬ 
ing, will protect you in the enjoyment of 
your present happy situation, unless like 
them you prove yourselves worthy, by a 
constant practice of their virtues. 

Suffer me, upon this subject, to submit a 
few reflections to your consideration. 

The first settlers of this state were from 
necessity laborious, active and industrious. 
The practice of these virtues naturally in¬ 
clined them to seriousness and frugality, 
and rendered them healthy and robust. 
While their bodies were thus free from the 
enervation of luxury, their minds were na¬ 
turally active and independent. This will 
account, in a great measure, for the innu¬ 
merable hardships they endured with pa-^ 
tience, while converting the forests into 
fields for a scanty subsistance, and at the 
same time contending with numerous tribes 
of barbarous Indians; and afterwards in thek 


TrfE: VOTERS’' GWm'l 14^ 

conflict, not with the nntii.tQred savage of 
the wilHemess, but with a powerful nation, 
famous for her sLill anel courage in war. 

Our ancestors, however, form not a solita¬ 
ry cxaraolc oftlie woadcrfiil supejaoi ity of 
industry'over idleness, of ii tigality over ex- 
travagaiice, of a n-bust. body an iridepeu- 
dent and viruious mind, over those weakcued 
l>v vice, luxury and dlsdpalion. 

" We are informed by history that the.small 
states of Greece, with a new hardy soldiers, 
were able to oppose thedanumerable, but 
>u'oak and servile army. oi Xer-tes, king -of 


Persia. 

History infonns.iis. that.^he Romans, whUe 
they retifincd their virtues, were invincible. . 

It also iiiPorins us diat with the introduc¬ 
tion of luxury, idleness and. corruption, conir 
nienced the ruhi of the Grecian aaci lloTnan 
republics. 

Docs not tiie pre.scf^.- s^rxte of minnens., in 
this and the other uniUd staler;, give too. 
much reason to fear that the ol ou;:- 

own desu-uetjon are already so'.vn S’ Do not 
many of our citizens, wJkwc incomss wo.iitt 
be more, than sufBcicnt to suppp’-’t them in a. 
decent and IViigal mitnncr,.by introducinjj .in¬ 
to their lUmiiies-an es’pensive, extravagant 
mode of dress and living, not only waste, 
iheir estates, v,weaken the vigour of tneiii 
liodics. and minds, but destroy their, motys^. 
and become from-ihcir ,ovva. viySS and. loav„ 


15® The YOTERS’ GUIDE. 

turbulent citizens, haters of government and 
enemies to their country. 

Indeed, in whatever point of view wc 
consider idleness and industry, wc shall find 
one the destroyer, the other the promoter of 
healtli, happiness and virtue. 1 cannot im¬ 
press the truth and importance of this idea 
upon your minds, better than by the follow¬ 
ing quotation from one of Doctor Blairs cel¬ 
ebrated sennons. 

“ Industry is not only the instrument of 
improvement, but the foundation of pleas¬ 
ure. Nothing is so apposite to the true en¬ 
joyment of life, as the relaxed and feeble 
state of an indolent mind. He who is a 
stranger to industry, may possess, but he 
cannot enjoy. For it is labour only which 
gives the relish to pleasure. It is the ap¬ 
pointed vehicle of every good to man. It is 
the indispcnsible condition of our possessing 
a sound mind in a sound body. &olh is so 
inconsistent with both, that it is hard to de¬ 
termine, whether it be a greater foe to vir¬ 
tue, or to health and happiness. Inactive as 
it is in itself, its cfiects are fatally powerful. 
Though it appears a slowly flowing stream: 
yet it undermines all that is stable and flour¬ 
ishing. It not only saps the foundation of 
virtue, but pours upon you a deluge of 
crimes and evRs. It is like water w^hich 
first putrifies by stagnation, and then sends 
up noxious vapears, and fills the atmosphere 
with death.’’ 


The VOTERS’ GUIDE. 


151 


Another subject to which I would in¬ 
vite your particular attention is the choice 
of your civil officers. 

Unhappily for the Commonwealth your 
sentiments upon political subjects are divi¬ 
ded. This division has introduced a vio¬ 
lent party spirit, w hich in many places has 
destroyed all harmony among neighbours, 
and insinuated itself into all your proceed¬ 
ings, as w^ell private as public. Its effects 
have already been, and if continued, will be 
still more injurious to the state. 

In a republican government, like your’s, 
freedom of opinion, of speech and debate 
ought not to be controuled, and the honest 
exercise of this freedom will never endanger 
I your peace and safety. But when perver¬ 
ted, when instead of using the privilege of 
speaking freely upon political measures for 
the puImpose of coiTccting errors, it is em- 
! ployed to gratify ambition at the expcnce of 
I conscience, to promote measures at the ex- 
pence ©f truth, and to palm upon the public 
for patriotism, a hypocritical zeal for their 
good, then indeed it becomes dangerous to 
the community. 

That there arc men in all free govern¬ 
ments, that we already have such in this 
Commonwealth, who pervert the freedom 
of speech to the base purposes wc have 
mentioned, will not be questioned. It is 
the duty of the people to find them out and 



152 


The VOTERS’ GUIDE. 


by their suffrages to convince them tliat they 
legard their conduct with ahhrirence. 'Vhat 
a iarge majority of the citizens of 'Ms Ccm- 
xnonVvealth are honest in their pn icssioUs, 
that they would cheerfully ac{|inescc in mea- 
-sures calculated to promote the general wel¬ 
fare , we always have, 8c do still believe. But 
they are liab e to be deceived. Many ani- 
bhfous, designing demagogues are possess¬ 
ed of poweriul talents, and making it their 
great study to please, it is not a matter of 
kirprise, that many, who are but httle ac- 
qnainted with human nature, and have hut 
lew means of information, should be impo¬ 
sed upon. 

To avoid this imposition, learn to detect 
tlte arts by Which it is cittempted to deceive 
* you. 

As one test to try a man-s political hones¬ 
ty, enquire so far as you are acquainted, into 
his moral chaiwcter, his private conduct and 
liis transactions with tlie world. Is he fru¬ 
gal, is he industrious, is he honest in his 
dealings, is he candid, is he mild, is he be¬ 
nevolent, then be assured he will never 
knowingly deceiv'e or injure you. But is 
lie idle, is he dissolute, is he-dishonest in his 
dealings, is be positive, is he bold and over- 
zealous, is he haughty and tyranical to his 
inferiors, believe me, that man is not to be 
trusted with power. Though he assumes 
the form of an Angel, though he profess the 


THE VOTERS’ GUIDE. 


155 


most sacred regard for your rights and lib¬ 
erties, and would convince you by all the 
arts of insinuation, by the most flattering 
and specious address, believe him not, he is 
not to be trusted, “ the tyger crouches before 
he leaps upon his prey *'^ 

As another test, learn to distinguish be¬ 
tween real and pretended patriotism. 

The former, in the language of the honor¬ 
able William Smith, formerly a distin¬ 
guished member of Congress, “ announces 
itself in deeds of public utility, delights in 
the maintenance of law, in the support of or¬ 
der, in respect to the magistracy, in enforc- 
ing by precept and example every moral 
and religious duty, and displays itself in ha¬ 
bits of industryj sobriety and frugality, in 
the virtuous education of one’s family, and 
in the faithful performance of all the relative 
duties of a man and a citizen.” 

Pretended, or mock patriotism f in the 
language of the same enlightened states¬ 
man, is that,‘'which in all ages and in all free 
countries has been seized on by ambitious 
demagogues as a cloak to cover base and 
insidious designs, which bedecked with the 
alluring garb ofa tinsel jargon, has been as¬ 
sumed to conceal the foulest purposes ; 
which, under the mask of hypocrisy, and 
the parade of pompous language has been 
ever found subservient to the most despi¬ 
cable selfish views, which, at one time haft 
O 


354 Tai VOTERS’ GUIDE, 


been employed as a step ladder to office and- 
power, and at another as an engine of des¬ 
truction, to rival popularity and obnoxious 
competitors,”, it is that, “ which to thc^ 
knaves has been the syren song of seduction- 
to cajole and ensnare the fools^ which blazons 
its own merits in ranting declamation and 
frothy professions, which draws from time 
to time, out of non existence, little epheme- 
rous insects which glitter for a moment in 
the glare of their ov/n existence ; and then- 
dissolve, and sink into their original nonen¬ 
tity : which wliile it utters from the lips> 
the mest specious and devout ejacuiations 
for the public weal, impiously bears in the^ 
heart the most atrocious designs against 
public order, public tranquillity and national 
independence.” 

In all your elections, be careful to choose 
those men, and those only, who possess in¬ 
dependent and virtuous minds, who consi¬ 
der their own and their country’s welfare 
as inseparably united, and who would soon¬ 
er sacrifice their lives, than their honour, 
their principles, or their conscience. 

‘‘ a principle of uprightness is 

known to guide the choice of men, it must 
ihicn be merit raid merit alone,tliat caat hope 
for preferment. Talents, exalted qualities, 
and,eminent services, form the only admis¬ 
sible clairu : the candidate for honours must 
render himself worthy ci them. Intrigue is 


THE VOTER'S’ GUIDE. 


15S 


discouatenanced, and emulatien is anima¬ 
ted. Ambition is oblii^ed to proceed bj 
manly ways, and starting at the thought of 
being detected, abandons her little schemes 
of perfidy and cunning.”* 

ffyou are governed by tliis principle it 
will bring into fashion the virtues,- which 
have, and which will,while properly encour¬ 
aged, continue to support the dignity, the 
happiness and prosperity of the state* 

! “ When virtue is in fashion, the seeds of 
i it will be sown in every heart. Public esti- 
: mation is a kind of sun in the moral world, 

: that warms, that animates, and calls forth 
the latent principles of truth and honor. ” J 
Another subject which demands your at- 
; tention, is a knowledge of your duty rela¬ 
tive to elections. 

i “ On fair and uncOntrouled elections, 
j depends under God, the whole superstruc¬ 
ture of our government—should conniption 
ever insert itself in our elections,there would 
be great danger of corruption in our gov¬ 
ernment.” I 

To avoid the various evils which would 
result from unfair and partial elections, it is 
absolutely necessary that you sliould be ac¬ 
quainted with the Constitutioii and Laws 
which regulate them. Without this kno^v!- 
edge you will be liable to imposition, and 
depend upon it, there will ne ;;; ^e wandng 
vricked me:') readv to take advantage of your 
*M.irmontc-l. f Ibid, JS. Adams, 






The VOTERS’ GUIDE, 


^norance. This knowledge, on account of 
the party spirit which prevails in the statCy, 
is at present more particularly necessary. 
For among the many bad effects of party 
spirit, its tendency to corrupt your elections' 
is not the least. When it rages with vio¬ 
lence, truth and reason are disregarded, and 
in the zeal to promote private interest, or to 
obtain a temporary triumph,corruption,unless 
disheartened by your knowledge of the rights 
and privileges of voters, will insert itself in 
your elections, the principles of your Consti¬ 
tution, that Palladium of your Civil & Reli¬ 
gious Liberties will be violated, and all its- 
sal”'' ry checks and provisiorJ destroyed.- 


THE END. 



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